One survey for the One Bar

The Barristers’ Working Lives survey shines a light on what is happening across the whole Bar, but its success entirely depends on you. The survey asks about your practice – and about you. All answers are anonymous, and no individuals will be named. It goes to self-employed and employed barristers, across all practice areas and specialisms. In this sense, it is truly a One Bar initiative. We need everyone to take part so we can build an accurate picture of the challenges and issues facing barristers at work. It takes about 15 minutes, and you can save your answers if you are interrupted part way through.

The survey results are crucial for steering Bar Council policy and to use when we engage with government and other decision makers. Please give us the ammunition we need! Thanks to those who have already provided feedback and if you haven’t yet, please try hard to complete the survey by Monday 22 May: www.barcouncil.org.uk/workinglives

Investing in the future

This year’s pupils are the silks and judges of the future. Analysis of the latest Pupillage Gateway figures shows a significant increase in the number of pupillages advertised so we are now well above pre-pandemic levels. Total pupillage numbers have increased from 515 in 2018/19 to 638 in 2022/23. This is fantastic news and represents an increase of 24% and compares with a pandemic low of 489 in 2019/20 and 447 in 2020/21.

For the first time we have calculated the total amount of support provided by chambers to pupils. This year pupillage awards (including earning guarantees) come to £26.5m. That is pretty impressive for a profession of 17,000 practitioners.

The civil legal aid review

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) introduced significant changes to the legal support available for employment, family, housing and debt problems. The number of legal aid cases to help people get the early advice they need dropped from almost 1,000,000 in 2009/10 to just 130,000 in 2021/22. Over the same period, the number of people having to go to court without representation trebled.

Last month marked the grim 10-year anniversary of LASPO. The current backlogs in the Family Courts result from the restrictions on legal aid. Many people who cannot afford legal advice decide to go to court as litigants in person, which then clogs up the system with cases that would have settled had they had legal advice and representation.

The long overdue review of civil legal aid that has just begun needs to explore different models of providing advice and support, recognising the contribution of early advice and intervention through a properly funded network of bureaux and law centres, and it also needs to explore methods of resolving disputes without needing access to the courts.

Proper funding of early-stage legal support is likely to pay for itself, by reducing the number of disputes and by enabling disputes to be resolved at an earlier stage. These are the arguments we will be putting forward as part of the review.

Defending the rule of law

Following media reports that the government intended to amend the Illegal Migration Bill to allow ministers to ignore interim injunctions – known as Rule 39 orders – from the European Court of Human Rights, the Bar Council stepped into the public debate.

Legislating to allow the authorities to ignore the rulings of a court undermines the rule of law. The move would result in bad law, set a dangerous precedent, and risk serious damage to the UK’s international reputation. How can a government expect people to comply with court orders if it doesn’t comply itself?

We have urged politicians to reconsider the relevant legislative amendments, and we will keep monitoring the bill as it makes its way through Parliament.

Change at the top

Following Dominic Raab’s resignation, it is time for a fresh start. The court backlogs continue to hinder timely access to justice and anti-lawyer rhetoric undermines public confidence and adherence to the rule of law.

I am delighted to congratulate Alex Chalk on his appointment as Lord Chancellor. When he served as Solicitor General we had a good relationship, and we look forward to working closely with him in his new role.

Every Lord Chancellor takes an oath to respect the rule of law and to ensure the courts have the resources they need to run efficiently. We want to see a properly funded justice system, greater emphasis on early diversion to reduce the pressures on the system, and we need sustainable funding for publicly funded work. We also hope the appointment of a new Lord Chancellor will prompt a rethink of the Bill of Rights Bill.