Chair's Column

Alistair MacDonald QC on LPP and its historical origins; a client’s right of access to confidential advice; how RIPA overruled this principle of confidentiality; and the need for a robust, statutory framework.  

The issue of legal professional privilege (LPP) has been prominently in the news recently and I wanted to share with you some of the things we have been doing to ensure that proper safeguards are in place for its protection. 

Alistair MacDonald QC, Chairman of the Bar, outlines the issues that will dominate 2015 – criminal legal aid, the crippling effect of LASPO, new business structures and keeping England and Wales the jurisdiction of choice.  

Four important areas, will, in my view, dominate 2015. The first is criminal legal aid. No-one reading this needs a detailed reminder of the original proposals. 

The importance of the circuits; Penn and Mead revisited; lobbying for amendments to RIPA; the compilation of Guidelines for international arbitrations; and signing off ...  

Sir Frederic Pollock and Professor Maitland wrote, in The History of English Law before the Time of Edward 1, that “a full history of the circuits would be intricate and wearisome”. (See Vol. 1, Ch. VII, p. 180.) I do not agree. I believe that a proper history of any circuit would be both entertaining and informative. I enjoyed the late Graeme Williams QC’s book on the old Oxford Circuit. It left me wanting more. 

The real cost of our justice system compared with Europe; the Practising Fee Certificate changes and survey; understanding the Bar Representation Fee; international views on the rule of law and human rights protection; and Black History Month.  

The European Commission for the Efficiency of Justice published a report on 9 October 2014 which prompted some newspapers to say that England and Wales has the most expensive legal aid system in Europe. 

Cross-examination remaining at the heart of the criminal justice system; the Bar’s great advocates; its international reputation for excellence; and the work of the ATC.   

I had intended to begin this month with a reference to the Congress of Vienna, which began 200 years ago, and at which Prince Metternich, Viscount Castlereagh, Talleyrand et al. settled the future of European international relations for a century. However, I have just received the news that Yorkshire County Cricket Club have won the County Championship, and can talk of little else. 

Two hundred years ago, on the night of 12/13 September 1814, British troops attacked the city of Baltimore and British ships bombarded the city’s defences, especially Fort McHenry.  

The unsuccessful attack inspired a Baltimore lawyer, Francis Scott Key, to write a poem on the following day. 

Remembering the start of the Great War; the recent progress made in preserving criminal advocacy; reviewing business models; LASPO and the LAA figures; and an inquiry into the role of the Lord Chancellor.  

The Great War began, for this country, on 4 August 1914, which must rank as one of the saddest days in our history, given the levels of death and destruction which followed. Although described by some as the war to end all wars, it was followed, only 25 years later, by the Second World War, which the United Kingdom entered on 3 September 1939. 

With the 60th anniversary of the YBC, reflections on past battles for the Bar; the history behind the formation of COMBAR and the introduction of BARCO; the urgent need  for a recorder competition; Magna Carta; and weathering the storms in the fight for justice.  

In recent weeks I have attended two birthday celebrations, one marking the 60th anniversary of the Bar Council’s Young Barristers’ Committee (YBC) and the other the 25th anniversary of the Commercial Bar Association (COMBAR). Each gave cause to reflect on the unhappy circumstances in which a now flourishing organisation was formed. The YBC was formed in 1954, in the aftermath of the report of a committee chaired by the Master of the Rolls, Sir Raymond Evershed. That report, while conceding that the junior Bar  were underpaid for important parts of  their work,  recommended a number of reductions in counsel’s fees. At a time when the Bar was declining in numbers, it is no surprise that fears were expressed for its survival. 

The findings of the Joint Committee on Human Rights on the implications for access to justice of the Government’s proposals to reform judicial review; the publication of the Jeffrey Review; and facing challenges with resilience and determination.  

It is 700 years since Edward II’s army was defeated by Robert the Bruce at Bannockburn, on 23-24 June 1314. At school, we were taught that Robert was inspired to overcome early setbacks in his career by a spider who refused to give up. The spider is now thought to have been an invention, probably by Sir Walter Scott, but his inspiration remains a valuable one for advocates, who often have to display persistence in the face of adversity if a case is to be properly presented. That is certainly true at present of the case for preserving access to justice in criminal, family and civil cases. 

The Government’s “chilling” judicial review reforms revive a centuries-old debate on the balance of power; the future of education and training at the Bar; and a way forward on criminal legal aid.  

14 May will mark the 750th anniversary of the battle of Lewes, when Simon de Montfort and his fellow barons defeated Henry III and captured not only Henry, but also Henry’s son, the future Edward I.