Coronavirus advice and updates
The Bar Council is keeping the coronavirus situation under constant review. The information below is updated regularly to reflect the most recent guidance for the Bar.
For any specific queries about the coronavirus crisis and how it impacts the Bar, please email the Bar Council, LPMA and IBC Working Group at C19WG@BarCouncil.org.uk.
This webpage now contains all the information from the previously separate Frequently Asked Questions webpage.
We are collecting the contact details of visitors to the Bar Council's offices in order to comply with the Government’s 'test and trace' guidance. You can read more about this in our Privacy statement.
25 September - Letter from HMCTS to Chair of the Bar on new Covid-19 restrictions
5 August - Briefing for banks about the Bar - Bounce Back Loan Scheme
22 June - Chair of the Bar’s update: Attending Magistrates' Courts – further clarification
20 June - Chair of the Bar’s update: Attending Magistrates' Courts – clarifying the position
12 June - Chair's message: Courts reopening
5 June - Update from Chair of the Bar: Courts reopening, listings and backlogs, Covid-19 BBA fund and more
22 May - Update from Chair of the Bar: Safe courts, civil lists, financial support and more
11 May - Bar Council responds to the announcement on the resumption of jury trials
7 May - Breakthroughs for the profession: Message from Chair of the Bar
5 May - Bar Council guide on Bounce-Back Loan Scheme (BBLS)
5 May - Applying for Coronavirus testing through the Bar Council
27 April - Update from the Chair of the Bar: Latest support for barristers
3 April - Chair of the Bar responds to Ministry of Justice’s new legal aid plans
31 March - Message from the Chief Executive of the Bar Council: Practising Certificate Fee update
30 March - Message from the Chair of the Bar: CPS payment changes
27 March - End of week update from Chair of the Bar: finances, courts and more
24 March - Bar Council statement: updated guidance on attending hearings
22 March - Chair of the Bar's statement: further detail on key worker status
20 March - Bar Council statement: immediate changes to tribunal hearings
20 March - Bar Council email update: key worker status, QCA and Bar Mutual
16 March - Bar Council, LPMA and IBC working group email bulletin 2
10 March - Bar Council, LPMA and IBC working group email bulletin 1
All government guidance on COVID-19 can be accessed here - and you can sign up on that page for email notification of all updates.
Please see the summary of existing measures, which will be updated as necessary. The Bar Council continues to represent to the Ministry of Justice and the Treasury at the highest levels the financial impact of the pandemic on the Bar and the fact that many barristers continue to be excluded from the existing financial support measures.
The LAA has given assurance that it is able to operate to the existing guide-times. Please see the LAA’s guidance on financial relief for legal aid practitioners.
Please see the letter from the CEO of the CPS giving the CPS’s COVID-19 statement of principles regarding payment of counsels’ fees.
We continue to liaise with the LAA and CPS.
Yes. When the fee is received by you it becomes your money (because gC107 in the BSB Handbook says that a fixed fee paid in advance is not client money for the purposes of rC73). If you consider that you are now under a duty to compensate the client, the money you pay to the client is coming out of your funds, and therefore you have not been holding client money. The Direct Access Panel have raised this query with the BSB and following that discussion the Bar Council takes the view that provided you have acted in good faith you will not have breached the general prohibition on holding client money in rule C73. The situation is likely to be different if you acted in bad faith, for example if you accepted a fee already knowing that the hearing was not going ahead or you artificially inflated the fee in order to get the benefit of holding the funds in your account even for a temporary period. You may be able to retain the fee pending the relisting of the hearing, but that is likely to depend on the terms of your client care letter and/or the agreement of your client that you may do so.
Coronavirus (COVID-19): courts and tribunals planning and preparation
This HMCTS webpage provides advice and guidance for all court and tribunal users during the COVID-19 outbreak and will be updated when new advice is available.
Courts and tribunals tracker list during coronavirus outbreak
This page holds a tracker list of open, staffed and suspended courts during the coronavirus outbreak. It will be regularly updated.
HMCTS weekly operational summary on courts and tribunals during coronavirus (COVID-19) outbreak
This page provides a weekly summary of the HMCTS operational position during the coronavirus pandemic. It is updated this every Friday at 17:00.
Keeping court and tribunal buildings safe, secure and clean
This page provides details about security, cleaning and social-distancing arrangements in court and tribunal buildings during the COVID-19 pandemic.
HMCTS has produced a briefing document that summarises the routes that barristers (and other professional users) can use to raise ‘real time’ concerns about the safety of courts and tribunal buildings during the coronavirus pandemic. In summary, it is suggested that professional users should first raise their concerns locally with a member of staff whilst on site or immediately thereafter. In the event that the issue requires escalation, HMCTS has provided the contact details for the Regional Support Units and set out the information that ought to be included in any relevant communication.
The Bar Council’s Covid-19 Working Group is in regular communication with HMCTS and issues can also therefore be raised using the email address C19WG@barcouncil.org.uk. As a last resource, formal complaints about specific courts or tribunal buildings can be raised through HMCTS’ online form.
Members are reminded that the Bar Council has revamped its secure reporting tool, Talk to Spot, to ensure that members can use it to report coronavirus-specific concerns – for example around safety when attending court - as well as to report harassment and inappropriate behaviour. We are encouraging barristers to use the app wherever possible, as we are using the anonymous reports that we receive through it to form the basis of our broader discussions with HMCTS and other relevant stakeholders.
Under Schedule 3A, Part 1, Section 2(5)(e) of The Health Protection (Coronavirus, Restrictions) (All Tiers and Obligations of Undertakings) (England) (Amendment) Regulations 2020, which covers the Government’s prescribed exceptions for leaving a home located in a Tier 4 area, people may do so in order to “fulfil a legal obligation or to participate in legal proceedings”. Following the Prime Minister’s announcement on Monday 4 January 2021, every person living in England is currently considered to be located in a Tier 4 area. This section of the Regulations allows practising barristers to leave their home, travel and stay in alternative accommodation in order to undertake work and fulfil their obligations to their clients and to the courts. Furthermore, barristers are included in the Government’s list of critical (or ‘key’) workers and fall under the heading of “those [persons] essential to the running of the justice system”.
In a recent email to the profession, Chair of the Bar, Derek Sweeting QC, confirmed that the position of the Bar Council and Circuit Leaders is that barristers should continue to attend court unless they are instructed not to do so by the judge conducting the hearing. Derek further stated that judges in all jurisdictions are expected to move to the remote hearing of cases wherever possible, and as soon as possible. The Lord Chief Justice has further confirmed that no participant in legal proceedings should be required by a judge or magistrate to attend court unless it is necessary in the interests of justice. Facilitating remote attendance of all or some of those involved in hearings is the default position in all jurisdictions, whether backed by regulations or not.
As of 04:00 on 18 January 2021 and in accordance with government guidelines, barristers entering the UK will need to provide proof of a negative coronavirus test before they leave the country that they are travelling from. The test must have been taken in the three days before their departure and the proof must be in English, French or Spanish. Those travelling to the UK must also show proof of a completed passenger locator form at the border and self-isolate for a period of 10 days upon entry. These rules apply to everyone except those whose jobs qualify for (international) travel exemptions.
Due to the fact that the Government has suspended all travel corridors, barristers can no longer break the period of self-isolation in order to fulfil a legal obligation by participating in a legal proceeding under Regulation 4(9)(c) of the Health Protection (Coronavirus, International Travel) (England) Regulations 2020
HMCTS has published details about its planning and preparation for the operation of courts and tribunals and how it manages security, cleaning and social-distancing arrangements in court and tribunal buildings during the coronavirus (COVID-19) pandemic. We have been told by the Chief Executive of HMCTS that no court or tribunal building will be open unless it is safe to do so.If it has been decided that the arrangements in the court building and for conducting the hearing comply with the HMCTS requirements, you should attend the hearing unless you are clinically vulnerable or clinically extremely vulnerable. This includes those who are shielding (as set out in the government advice).
If you believe that the arrangements do not meet the HMCTS requirements, you should raise this with the senior HMCTS manager at court and the judge, whose decision it is if the court should remain open and the hearing continue. You can also make a confidential report about your concerns regarding coronavirus in court by using the Talk to Spot app.
Some people are considered to be “clinically vulnerable”, meaning they are at higher risk of severe illness from coronavirus. These include those who are aged 70 and over and those who have an underlying health condition, including pregnancy. Current government advice is that these people should take particular care to minimise contact with others outside their household. There are also those at even higher risk, the “clinically extremely vulnerable”, who are advised to continue to stay at home and be “shielded”.
If you fall into either the clinically vulnerable or clinically extremely vulnerable categories, you should not be compelled to attend a hearing in person. If it is not possible for you to attend the hearing remotely, after discussion with the court and your client, you may need to withdraw from the case.
If you live with someone who is clinically extremely vulnerable, you are not required to be “shielded” yourself but you should carefully follow the guidance on social distancing. If you feel that doing so is not compatible with attending a hearing in person, you should discuss this with the court and your client.
For advice on your specific situation, contact the Ethical Enquiries Service.
The Royal College of Obstetricians & Gynaecologists has produced detailed guidance on coronavirus infection and pregnancy for pregnant women and their families.
The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 state that “where an adult is notified… [] that they have tested positive for… coronavirus… after 28 September 2020 or had close contact after 28 September 2020 with someone who has tested positive for coronavirus, or that a child in respect of whom they are a responsible adult has tested positive for… coronavirus… after 28 September 2020 or had close contact after 28 September 2020 with someone who has tested positive for coronavirus” (regulation 2(1)), then they “must self-isolate for the period specified in regulation 3” (regulation 2(2)). However, as a result of the new regulation 2(3)(iii), the adult in question may leave their place of self-isolation (including their home, the home of a friend or family member) to “fulfil a legal obligation, including attending court or satisfying bail conditions, or participating in legal proceedings”.
Read literally, this means that someone who has tested positive for coronavirus or has come into close contact with someone who has tested positive for coronavirus, may break the relevant period of self-isolation in order to attend a court or tribunal hearing. However, the Bar Council has publicly advised that no one, including barristers, should go to court if they have tested positive for coronavirus or have symptoms, and that they should, instead, self-isolate. Furthermore, HMCTS has now stated that you should not come to their court buildings if you have coronavirus symptoms or you have tested positive for coronavirus or waiting for a test result.
Where barristers feel well enough to attend court, they should ask the judge for permission to appear in court remotely. If they do not feel well enough, or cannot participate remotely, then they are reminded that, under rule C26.3.b of the BSB Handbook, they may cease to act on a matter on which they are instructed and return their instructions if they are self-employed and illness makes them unable reasonably to perform the services required in the instructions.
Current government guidance indicates that barristers should not go to court if they have been instructed by the NHS to self-isolate. HMCTS has also stated that you should not come to their court buildings if you have been instructed to self-isolate.
Where barristers feel well enough to attend court, they should ask the judge for permission to appear in court remotely. If they do not feel well enough, or cannot participate remotely, then they are reminded that, under rule C26.3.b of the BSB Handbook, they may cease to act on a matter on which they are instructed and return their instructions if they are self-employed and illness makes them unable reasonably to perform the services required in the instructions.
HMCTS guidance
How to join telephone and video hearings during the coronavirus (COVID-19) outbreak
Use of Skype for Business and MS Teams in Remote Court Hearings (produced by the South Eastern Circuit)
See also the Judiciary’s general guidance on PDF bundles and The Bar Council IT Panel’s guidance on ebundles.
The following list of guidance is broken down by jurisdiction and circuit.
Jurisdiction
General
Judiciary.UK COVID-19 advice and guidance page
Inns of Court College of Advocacy, Principles for Remote Advocacy
Civil
Birmingham QB and County Court - notice for court users (updated 25 June 2020)
Updated Civil Justice Protocol Regarding Remote Hearings (26 March 2020)
Costs hearings (24 April 2020)
COMBAR guidance on remote hearings, version 2 (23 June 2020)
Chancery Bar Association collated protocols and practice directions relating to Coronavirus
Administrative Court Information for Court Users (12 October 2020)
Administrative Law Bar Association, Guidance to Advocates on Remote Hearings (May 2020)
Employment Tribunals – Hearing arrangements from 16 April 2020 (9 April 2020)
Planning Inspectorate COVID-19 Guidance (29 September 2020)
Family
The Remote Access Family Court, version 5 (26 June 2020)
Covid 19 National Guidance for the Family Court (19 March 2020)
Court of Protection Bar Association, Guidance on Effective Remote Hearings (8 April 2020)
Remote Access to the Court of Protection Guidance (31 March 2020)
Court of Protection, Additional Guidance 1 (13 March 2020)
Court of Protection, Additional Guidance 2 (18 March 2020)
Court of Protection, Additional Guidance 3 (24 March 2020)
Criminal
Livelink or Attendance Framework for London & South East Magistrates’ Courts (Crime)
Senior Presiding Judge letter to the Bar Council 17 July
HMCTS Video enabled criminal hearings: guidance for defence practitioners
HMCTS COVID19 Video Remand Hearing Instructions for Defence Advocates
LAA update on video remand hearings
Circuits
Each of the Circuits regularly publish coronavirus updates and vital information on their respective websites, including information relating to remote hearings. Please see the Covid-19 pages on their sites (hyperlinked below) for further information.
In a recent email to the profession Chair of the Bar, Derek Sweeting QC, confirmed that barristers continue to be included in the Government’s list of critical (or ‘key’) workers and fall under the heading of “those [persons] essential to the running of the justice system”. As the intention is to limit to the greatest possible extent the number of people classed as critical workers, chambers’ employees are unfortunately not currently included as critical (or ‘key’) workers.
The fact that barristers are classified as critical workers means that they should be able to travel, stay in alternative accommodation and send their children to school in order to undertake work and fulfil their obligations to their clients. The Covid-19 Working Group has produced a template Key Worker Confirmation Letter which employed barristers and members of chambers can amend and use as evidence of their critical worker status. Sole practitioners can contact C19WG@barcouncil.org.uk to obtain a confirmation letter signed by a member of the Bar Council’s Senior Management Team.
On 6 November 2020, HMCTS confirmed with the Bar Council that pupil barristers accompanying their supervisors to court may rely on the exemption offered under section 6(4)(b) of The Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020, which states that people may leave their home do so in order to “for the purposes of education or training”.
Whilst attendance at court is a key part of training in both the first and second six, discussions may need to be handled very sensitively if the pupil has a specific concern about their health or the health of someone they live with. Ensure that you maintain strong channels of communication to make pupils feel as comfortable as possible, particularly when raising hygiene issues if they arise. It is also recommended that you obtain permission for the pupil’s attendance from the judge and/or the court in advance, as an increased number of representatives may not allow for effective social distancing.
If you want to raise anything regarding your pupillage, please phone the Pupil Helpline on 020 7611 1415 or email PupilHelpline@BarCouncil.org.uk.
From 1 November 2020, all pupillage recruitment must adhere to the Pupillage Gateway timetable and AETOs must ensure that each stage of the advertising and recruitment process takes place in accordance with it (regardless of whether or not they use the Gateway to administer their process). This year, as a direct result of the current pandemic and ongoing financial crisis, alternative arrangements have been made to allow greater flexibility during the 2020/21 recruitment period. Whilst the Bar Standards Board strongly encourages AETOs to adhere to the timetable, they can alternatively make a waiver application to run their pupillage recruitment process any time between 1 November 2020 and 31 August 2021, but they cannot make offers before the closure of the Gateway i.e. before 09:00 on Friday 14 May 2021.
Pupil supervisors should reference their training programme and assess whether any elements can be completed remotely. The Bar Standards Board has also issued guidance about pupil supervision. As far as possible, pupillage supervision should continue.
Continuing Supervision
If it is judged that all or part of the supervision can be carried out remotely, and it will be possible to meet the competences in the Professional Statement in the current timeframe, AETOs should:
- Ask current supervisors to complete a written report of the pupil’s progress to date. AETOs can review the training programme in line with this report.
- Set out in writing to the pupil which parts of the training programme can be completed remotely, and which parts will need to be put on hold. The BSB's guidance has suggested some activities that may be appropriate, such as setting written exercises and organising advocacy exercises by video. The Bar Council has also published guidance to assist pupil supervisors who are continuing pupil supervision during the COVID-19 crisis.
- Review current supervisors to assess whether they will be able to carry out remote supervision.
- Be mindful of putting undue pressure on pupils to accept instructions that are not appropriate for their competence or level of experience. Reference should be made to the Handbook: “You must not accept instructions to act in a particular matter if… you are not competent to handle the particular matter or otherwise do not have enough experience to handle the matter” (rC21.8). We recognise that there is significant disruption to work patterns at present, but it is not appropriate to ask pupils to take on that burden without sufficient training or support.
- The decision to send pupils to court depends upon the function of the pupil at the hearing. During non-practising pupillage and on other occasions when the pupil is not instructed in the case, the decision to send a pupil to attend court is one for individual AETOs. In these instances, the Bar Council suggests that AETOs should exercise caution, examining the need for the pupil to attend in person, and be aware of the concerns that might be raised by the pupil. During practising pupillage, when a pupil is instructed in a case and is required to attend court in person, the pupil should follow the guidance in the FAQ section “Do I have to go to court?”, discussing any concerns with their supervisor. In both instances, AETOs have a responsibility to ensure the health and wellbeing of their pupils and it is therefore important that they are reasonably satisfied of their pupils’ safety when attending court.
Extending Supervision
If it is judged that some of the supervision can be carried out remotely, but that it won't be possible to meet the competences in the Professional Statement in the current timeframe, and a decision is made to extend the pupillage, AETOs should:
- Give consideration to paragraph 1.28-1.29 in the Bar Qualification Manual:
“It is for the AETO and pupil supervisor to determine the impact of longer periods of leave (for example due to illness or bereavement) on the training programme and whether the period of pupillage should be extended to enable the pupil to meet the competences in the Professional Statement.
If the pupillage is to be extended, the AETO must notify the BSB of the new date that the pupil will be completing pupillage by completing the Notification of Material Change in Pupillage form”. - Ask current supervisors to complete a written report of the pupil’s progress to date and set clear and measurable objectives as to what is expected of the pupil during the extended period.
- Give the pupils a date to which they expect the pupillage will be extended.
Please bear in mind that this is an uncertain and upsetting time for pupils, as it is for most members of the Bar. We would encourage AETOs to be as flexible as possible and discuss their updated plans (and any limitations) with their pupil(s). Extending pupillage should be a last resort, when all other options have been considered.
If pupils are self-isolating under Public Health England guidelines, we recommend that AETOs continue to provide a pupillage award for at least 14 days (or 10 working days), as per the guidance on self-isolation periods. Please note that consideration should be given as to whether the pupillage should be extended in these circumstances. If the pupillage is to be extended, the AETO must notify the BSB of the new date that the pupil will be completing pupillage by completing the Notification of Material Change in Pupillage form.
Further information
If you are a pupil supervisor or you are otherwise involved in pupillage within your AETO, and you would like further support or guidance, you can get in touch with the Pupils’ Helpline on 020 7611 1415 or email PupilHelpline@BarCouncil.org.uk. We are also keen to share good practice, so please get in touch if you would like to share your experiences.
See the Bar Council IT Panel’s guidance on Videoconferencing software, data protection and confidentiality
See the Bar Council IT Panel’s guidance on ebundles
See also the Judiciary’s general guidance on PDF bundles
Be aware of the potential for mental ill-health caused by COVID-19 and avenues of support.
If you’re asked to do something against the rules or if you see something you’re worried about in court, you can report it on Talk to Spot.
Resources are available on the Wellbeing at the Bar website which includes a confidential telephone support and counselling service (Assistance Programme), as well as a wide range of wellbeing fact sheets, videos, self-help programmes, interactive tools and educational resources.
The Bar Council’s Assistance Programme can be accessed here.
LawCare also provide telephone helpline assistance and resources.
If you are required to self-isolate look after your physical and mental wellbeing. Self-isolation or remote working can feel lonely, so keep in touch with people virtually. Read up on what you can do.
The charity Mind also has good advice.
Important Notice: this document has been prepared by the Covid-19 Working Group established informally by the Bar Council, LPMA and IBC in order to assist barristers and chambers on matters relating to the current coronavirus epidemic. It is not “guidance” for the purposes of the BSB Handbook I6.4, nor does it comprise – and cannot be relied on as giving – legal advice. It has been prepared in good faith, but neither the Bar Council, LPMA nor IBC nor any of the individuals responsible for or involved in its preparation accept any responsibility or liability for anything done in reliance on it.