Rights to Conduct Litigation - notes

Legal Services

Legal services includes legal advice representation and drafting or settling any statement of case witness statement affidavit or other legal document but does not include:

(a) sitting as a judge or arbitrator or acting as a mediator;
(b) lecturing in or teaching law or writing or editing law books articles or reports;
(c) examining newspapers, periodicals, books, scripts and other publications for libel, breach of copyright, contempt of court and the like;
(d) communicating to or in the press or other media;
(e) exercising the powers of a commissioner for oaths;
(f) giving advice on legal matters free to a friend or relative or acting as unpaid or honorary legal adviser to any charitable benevolent or philanthropic institution;
(g) in relation to a barrister who is a non-executive director of a company or a trustee or governor of a charitable benevolent or philanthropic institution or a trustee of any private trust, giving to the other directors trustees or governors the benefit of his learning and experience on matters of general legal principle applicable to the affairs of the company institution or trust.

Practising as a Barrister

Subject to the provisions of this Code a barrister may practise as a barrister provided that:

(a) he has complied with any applicable training requirements imposed by the Consolidated Regulations which were in force at the date of his Call to the Bar;
(b) he has complied with any applicable requirements of the Continuing Professional Development Regulations (reproduced in Annex C);
(c) he has a current practising certificate issued by the Bar Council in accordance with the Practising Certificate Regulations (reproduced in Annex D);
(d) he has provided in writing to the Bar Council details of the current address(es) with telephone number(s) of the chambers or office from which he supplies legal services and (if he is an employed barrister) the name address telephone number and nature of the business of his employer;

Qualified Person

A person shall be a qualified person if he:

(a) has been entitled to practise and has practised as a barrister (other than as a pupil who has not completed pupillage in accordance with the Consolidated Regulations) or as a member of another authorised body for a period (which need not have been as a member of the same authorised body) of at least six years in the previous eight years;
(b) for the previous two years
- (i) has made such practice his primary occupation, and
- (ii) has been entitled to exercise a right to conduct litigation in relation to every Court and all proceedings;
(c) is not acting as a qualified person in relation to more than two other people; and
(d) has not been designated by the Bar Council as unsuitable to be a qualified person.