Conducting Litigation Guidance (Oct 2019)

Question 1

Conducting litigation =

Answer 1

1. the issuing of proceedings before any court in England and Wales ;
2. the commencement, prosecution and defence of such proceedings; and
3. the performance of any ancillary functions in relation to such proceeding

Question 2

A barrister should refuse to do them if they are not authorised to conduct litigation:

Answer 2

1. issuing proceedings or applications
2. filing an acknowledgement of proceedings;
3. giving their address as the address for service of documents;
4. filing documents at court or serving documents on another party;
5. issuing notices of appeal (informing the court and the other side that the unsuccessful party seeks a review of the case);
6. signing off on a list of disclosure (so that all parties know of all documents which have a bearing on the case); and
7. laying of an information in a Magistrates’ court

Question 3

If a barrister is authorised to conduct litigation:

WHAT MUST THEY DO?

Answer 3

• They must within an agreed timescale, or within a reasonable period of time, comply with any undertaking they give in the course of conducting litigation.
• This does not affect the prohibition on receiving or handling clients’ money, except as payment for fees
• They must, if they are of less than three years’ standing, have a ‘qualified person’ for conducting litigation at their principal place of practice or, if they are practising in a dual capacity, at each of their principal places of practice. However, if an employed barrister in a non-authorised body is only conducting litigation for their employer, they only need to have a ‘qualified person’ for conducting litigation if they are of less than one year’s standing.

Question 4

Authorisation to conduct litigation by the BSB

Barristers who apply for authorisation to conduct litigation will need to satisfy the BSB that they have:

Answer 4

1. appropriate systems in their place of practice to enable them to conduct litigation;
2. the requisite skills and knowledge of litigation procedure to enable them to provide a competent service to clients; and
3. adequate insurance.