Coronavirus advice and 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.

Read the Legal Sector Affinity Group Covid-19 anti-money laundering advisory note

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 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.

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.

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

Updated Civil Justice Protocol Regarding Remote Hearings (26 March 2020)

Practice Direction on Video or Audio Hearings in Civil Proceedings during the Coronavirus Pandemic (25 March 2020) 

Costs hearings (24 April 2020) 

COMBAR guidance on remote hearings (12 May 2020) 

Chancery Bar Association collated protocols and practice directions relating to Coronavirus

Financial Remedies Court 

London FRC 

Administrative Court Guidance (undated)

Administrative Law Bar Association, Guidance to Advocates on Remote Hearings (May 2020)

General guidance about remote tribunal hearings: Pilot Practice Direction: Video/Audio Hearings in the First-Tier Tribunal and the Upper Tribunal (2 April 2020)

Pilot Practice Direction: Contingency Arrangements in the First-Tier Tribunal and the Upper Tribunal (19 March 2020) 

Employment Tribunals in England & Wales and in Scotland – FAQs arising from the Covid-19 pandemic (1 June 2020)

Employment Tribunals – Hearing arrangements from 16 April 2020 (9 April 2020)

General Regulatory Chamber – Chamber President’s Guidance on Ways of Working during Coronavirus Outbreak (23 March 2020)

Health, Education and Social Care Chamber: Guidance from the Chamber President and Deputy Chamber President of HESC regarding the Special Educational Needs and Disability, Care Standards and Primary Health Lists jurisdictions: launch of the first paperless, digital tribunal jurisdictions (19 March 2020) 

Upper Tribunal Immigration and Asylum Chamber, Presidential Guidance Note No.1 2020: Arrangements during the COVID-19 Pandemic (23 March 2020), section E deals with remote hearings

Presidential Guidance on the Conduct of Proceedings in the Lands Chamber (Upper Tribunal) during the COVID-19 Pandemic (1 May 2020)

Social Entitlement Chamber (First-Tier Tribunal): Asylum Support: Arrangements During the COVID-19 Pandemic (31 March 2020)

FTT Tax Chamber, Updated Guidance for users on the Administration and Conduct of Proceedings in The First-Tier Tribunal Tax Chamber (25 March 2020)

Upper Tribunal Tax and Chancery Chamber, Guidance on the Conduct of Proceedings in the Upper Tribunal, Tax and Chancery Chamber during the COVID-19 Pandemic (23 March 2020)

Planning Inspectorate: COVID-19 and site visits, hearings and enquiries (28 May 2020)


Family

FLBA News webpage

The Remote Access Family Court, version 4 (16 April 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 Appeal guidance on children cases: Re A (Children) (Remote Hearing: Care and Placement Orders) [2020] EWCA Civ 583

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

CBA Covid-19 hub

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

North Eastern Circuit

North Eastern Circuit website

Remote Hearings – West Yorkshire Procedure

South Yorkshire Civil, Covid Listing and Hearing Protocol

North and West Yorkshire – Civil update from HHJ Gosnell

Northern Circuit

Northern Circuit COVID-19 pages 

Guidance for Civil court users in Manchester

Midland circuit

Midland Circuit Tech – Explanatory Note

Remote Hearings Contact Detail Template

Remote Hearings in Crown Courts

Wales & Chester Circuit

Wales & Chester Circuit website

South Eastern Circuit

South Eastern Circuit website professional updates

Open Letter to advocates from the Presiding Judges of the South Eastern Circuit: remote hearings in Crown Courts in London and the South East (27 March 2020)

Western circuit

Western Circuit COVID19 webpage

Remote Working on Circuit (28 May 2020)

Current guidance as at Midday 19 March 2020 from the Leader of Circuit in relation to Family (including Court of Protection), Employment and Civil hearings

Local court protocols – Criminal and Family (22 May 2020)

Specific Guidance for Family Courts in Dorset from HHJ Dancey

If you want to raise anything regarding your pupillage, please phone the Pupil Helpline on 020 7611 1415 or email PupilHelpline@BarCouncil.org.uk.

The recruitment timetable for 2019/20 has now come to an end. In response to the Bar Council’s guidance, a handful of AETOs decided to cancel their recruitment process or defer their decision-making until later in the year. All those affected have been contacted and the Bar Council will leave the recruitment processes of those who have deferred their decision-making open until 31 October 2020 at the latest. In the meantime, any candidate who wishes to continue participation in an extended recruitment process is advised not to delete or remove their application(s) from the system.

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:

1. 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.
2. 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.
3. Review current supervisors to assess whether they will be able to carry out remote supervision.
4. 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.
   5. 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:

1. 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”.
2. 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.
3. 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.

Suspending Pupillage

If it is judged that none of the supervision can be carried out remotely, the pupillage may need to be temporarily suspended. In this scenario:

1. The Head of Chambers should contact the BSB to discuss the situation and the options that might be open to them. They should email  ROD_contingency_planning@barstandardsboard.org.uk setting out what other forms of training opportunities they have considered offering their pupils and, where relevant, any financial support that might be available to them.
2. AETOs should ask current supervisors to complete a written report of the pupil’s progress to date, so that the training programme can be resumed after the pupillage is suspended.
3. Give the pupil a date by which the suspension will be reviewed and pupillage may be resumed.

It would be good practice for a senior member of the AETO to check in with the pupil on their wellbeing remotely on a regular basis. You may also want to consider signposting your pupil(s) to the Wellbeing Hub for additional resources and support.

Do we need to continue funding pupils if we decide to extend their pupillage?

The BSB has said that AETOs should continue to meet their obligations to fund pupils during any period of suspension and for the remainder of the pupillage when it is resumed, at least to the minimum level of pupillage funding. If AETOs find themselves unable to fund a suspension in pupillage, they should refer to the Bar Council guidance on financial support measures for self-employed barristers and chambers, and to the Inns of Court websites for information on hardship funds for members.

Where pupils have been able to obtain funding through, for example, the Government’s Self-employment Income Support Scheme, AETOs should note that any use of that funding to offset their award will likely contravene rC115 of the Handbook: “The members of a set of chambers, or the BSB entity, may not seek or accept repayment from a chambers pupil or an entity pupil of any of the sums required to be paid under Rules rC113 and rC114 above, whether before or after they cease to be a chambers pupil or an entity pupil, save in the case of misconduct on their part”.

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.

Deferring the start of pupillages

AETOs are encouraged to do all that they can to ensure that both current and future pupillages continue as both planned. Where deferring a future pupillage is completely unavoidable:

1. The Head of Chambers should contact the BSB to discuss the situation and the options that might be open to them. They should email  ROD_contingency_planning@barstandardsboard.org.uk setting out what other forms of training opportunities they have considered offering their pupils and, where relevant, any financial support that might be available to them.
2. Discuss and agree the new start date with the pupil, being mindful of any impact that this may have on their pre-pupillage income or otherwise.
3. Ensure that any relevant documentation such as the written pupillage agreement is updated accordingly and signed by both parties.

AETOs should note that any future non-EEA pupil barrister must begin their pupillage within 24 months from the first day that the relevant position was advertised. If the relevant pupil barrister begins their pupillage any later then the position will fail to meet the Resident Labour Market Test.

Is it possible to continue the pupillage recruitment process but reduce the advertised award?

AETOs are permitted to reduce the advertised award provided that they make the change known to the relevant candidate(s) at the point of offer (which would then provide the prospective pupil(s) with the opportunity to consider all of their options). It should be noted that AETOs are not able to reduce the award to an amount lower than £18,866 for 12-month pupillages in London, £16,322 for 12-month pupillages outside London or £20,800 for 12-month pupillages being offered to non-EEA residents (regardless of their location in England and Wales).

It should be noted that, where AETOs intend to make an offer of pupillage to a non-EEA resident, any changes to the advertised award might result in a failure to meet the Resident Labour Market Test. AETOs would be able to lower their award within the advertised earnings bracket on the Pupillage Gateway of e.g. £30,000 - £39,999, but only where they had not specified a sum within the advertisement description.

Tenancy decisions are coming up soon. How should we manage this?

AETOs should handle conversations about tenancy very sensitively. It is not acceptable to use the tenancy process to compel pupils to take on instructions that are above their competence or that would require them to contravene the advice of Public Health England.

It is important to be transparent about how the tenancy decision timetable may be affected and try to mitigate any delays as much as possible.

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

Inns of Court library resources