Describe The Regulation Of Barristers Flashcards

1
Q

What is the governing body of barristers in England and Wales?

A

The General Council of the Bar represents the interests of barristers and promotes high standards across the profession.

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2
Q

Where is a complaint about a barrister usually first made?

A

A complaint is usually first made to the barrister’s Chambers.

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3
Q

What can a complaint to the Bar Standards Board address?

A

Complaints can address issues like excessive fees, delay, lack of communication, or negligent advice.

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4
Q

What is the role of the Bar Standards Board?

A

The Bar Standards Board regulates the profession and investigates alleged breaches of the Code of Conduct.

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5
Q

Who chairs the Bar Standards Board?

A

The Chair of the Bar Standards Board is Baroness Tessa Blackstone.

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6
Q

What actions can the Bar Standards Board take against a barrister?

A

The BSB can discipline barristers who breach the Code, including giving warnings, ordering training, fines, suspensions, or disbarment.

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7
Q

What can a complainant do if they are unhappy with the Tribunal’s decision?

A

The complainant can take the matter to the Legal Ombudsman.

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8
Q

What remedies can the Legal Ombudsman provide?

A

The Legal Ombudsman can order an apology, re-do work, a refund, or compensation of up to £30,000.

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9
Q

In what case can a barrister be sued for negligence regarding written advice?

A

A barrister can be sued for negligence in respect of written advice as established in HALL v SIMONS (2000).

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10
Q

In what case can a barrister be sued for negligence regarding advocacy in court?

A

A barrister can be sued for negligence in respect of advocacy in court as established in SAIF ALI v SYDNEY MITCHELL (1980).

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