During 2002 the Panel considered five referrals from the Lord Chancellor for rule or regulation changes, in addition to one referral outstanding from 2001. It was also asked to provide advice on an application from the Institute of Legal Executives for extended Rights of Audience.
Panel's statutory duty
The statutory duties of the Panel are set out at section 18A(3) of the Courts and Legal Services Act 1990 as amended by section 35 of the Access to Justice Act 1999 ('the Act'). The Act provides that the Panel shall have -
(a) The duty of assisting in the maintenance and development of standards in the education, training and conduct of persons offering legal services by considering relevant issues in accordance with a programme of work approved by the Lord Chancellor and, where the Consultative Panel considers it appropriate to do so, making recommendations to him;
(b) The duty of providing to the Lord Chancellor, at his request, advice about particular matters relating to any aspect of the provision of legal services (including the education, training and conduct of persons offering legal services); and
(c) The functions conferred or imposed on it by other provisions of this Act or any other enactment.
Lord Justice Potter has continued as Chairman of the Panel. Members of the Panel during the period 1 January to 31 December were:
| Professor John Bell | Mr Charles Plant |
| Professor Hugh Brayne | Mr John Randall QC |
| Lady Elizabeth Finsberg | Mr Simon Sapper |
| Mr Ian McNeil | Mr Alan Street |
| Ms Karen Mackay | Ms Peta Sweet |
| Miss Barbara Mensah | Dr Matthew Weait |
| Mr Richard Moorhead | Mr Richard Wise |
Sadly, following a long illness, Richard Wise died in August. Barbarah Mensah accepted appointment as a full time Immigration Adjudicator and in view of this commitment stood down from the Panel in December 2002. Both Richard Wise and Barbara Mensah had been members of the Panel since its establishment. Their valuable experience and contribution to the work of the Panel was greatly appreciated.
The following members were appointed to the Panel with effect from 1 January 2002:
Professor John Bell Professor of Law, Pembroke College, University of Cambridge
Professor Hugh Brayne Professor of Law, Sunderland Business School
Ms Karen Mackay Director Legal Action Group and former Head of Legal Services
at the Law Society
Mr Richard Moorhead Senior Research Fellow, Cardiff Law School, Cardiff University
Dr Matthew Weait Lecturer in Law and Deputy Director of the Law Programme,
The Open University
Legal Education and Training
Ms Sweet (chair)
Professor Bell
Professor Brayne
Lady Finsberg
Mr Street
Dr Weait
Developments in Community Legal Services
Ms Mackay (chair)
Mr Moorhead
Mr Sapper
Ms Sweet
Conditional Fees
Mr Plant (chair)
Lady Finsberg
Mr McNeil
Mr Moorhead
Mr Randall
Mr Sapper
Public Defenders and Criminal Defence Services
Ms Mackay
Dr Weait
The Panel has met 11 times during the year and there have been additional meetings of most of the working groups.
The Panel records its thanks and appreciation to the Secretary and his team who have provided secretariat support throughout the year.
The bulk of the Panel's work has been to consider and advise the Lord Chancellor on applications from legal professional bodies to amend their rules and regulations under the provisions of Schedule 4 to the Courts and Legal Services Act 1990. Referrals are given priority in the Panel's work programme. In considering any referral made to it, the Panel has had regard to the principle established by the Courts and Legal Services Act 1990 and the Access to Justice Act 1999, of developing legal services in England and Wales (in particular advocacy, litigation, conveyancing and probate services) by making provision for new or better ways of providing such services and a wider choice of persons providing them, while maintaining the proper and efficient administration of justice.
Referral No 1 of 2002 - Application by the Council for Licensed Conveyancers to amend its Accounts Rules, Licensed Conveyancers Fees Rules and Indemnity Rules [Advice to the Lord Chancellor].
Referral No 2 of 2002 - Application by the Law Society to amend Rule 16 of the Solicitors' Practice Rules 1990 and Rule 4 of the Solicitors' Overseas Practice Rules 1990 [Advice to the Lord Chancellor].
Referral No 3 of 2002 - Application by the Institute of Legal Executives for increased advocacy rights [The Panel is considering this Referral].
Referral No 4 of 2002 - Application by the Bar Council to amend paragraph 1001 of the Code of Conduct and Annex A of the International Practice Rules [Advice to the Lord Chancellor].
Referral No 5 of 2002 - Application by the Bar Council to amend paragraph 603(e) of the Code of Conduct [Advice to the Lord Chancellor].
Application by the Council for Licensed Conveyancers to amend its Accounts
Rules, Licensed Conveyancers Fees Rules and Indemnity Rules (Referral No 1
of 2002)
The Council for Licensed Conveyancers (CLC) makes rules under section 38 of
the Administration of Justice Act 1985 with the concurrence of the Lord Chancellor.
In accordance with these provisions, the CLC sought the concurrence of the
Lord Chancellor to its revised Accounts Rules, Fees Rules and Indemnity rules.
The Lord Chancellor referred the Rules to the Panel for advice on 15 March
2002. The Panel's advice was given in May 2002.
The Panel advised the Lord Chancellor to approve the rule changes proposed by the CLC. The Lord Chancellor has now approved the rule changes.
Application by the Law Society to amend Rule 16 of the Solicitors' Practice
Rules 1990 and Rule 4 of the Solicitors' Overseas Practice Rules 1990 (Referral
No 2 of 2002)
A reference was made to the Panel by the Lord Chancellor on 23 September 2002
concerning an application from the Law Society to amend Rule 16 of the Solicitors'
Practice Rules 1990 and Rule 4 of the Solicitors' Overseas Practice Rules
1990. The Rule change was sought in order to apply the revised Code of Conduct
of the Council of the Bars and Law Societies of the European Union to solicitors'
European cross-border activities.
The Advisory Committee on Legal Education and Conduct (ACLEC) considered the amended rules before it was abolished on 31 December 1999. ACLEC provided comments on the amended rules. The Panel was satisfied that the concerns raised by ACLEC had been addressed in the amended rules and that there were no additional matters of substantive concern outstanding. The Panel's advice was given in January 2003. The Panel advised the Lord Chancellor that the rules should be approved. The Panel also made observations upon the entitlement of solicitors to make conditional or contingency fee arrangements in respect of tribunal proceedings. The Lord Chancellor is presently considering the advice before deciding whether the rule changes should be approved.
Application by the Institute of Licensed Executives for increased advocacy
rights (Referral No 3 of 2002)
A reference was made to the Panel by the Lord Chancellor on 28 October 2002
concerning an application from the Institute of Legal Executives (ILEX) for
increased advocacy rights. The application concerns extended Rights of Audience
in the following areas:
Civil Proceedings Certificate
Family Proceedings Certificate
Criminal Proceedings Certificate
in open Court in the County Court and in the Magistrate Courts, and in certain administrative hearings held in chambers in the Crown Court.
The Panel is considering ILEX's application and anticipates finalising its advice to the Lord Chancellor during the course of 2003.
Application by the Bar Council to amend paragraph 1001 of the Code of
Conduct and Annex A of the International Practice Rules (Referral No 4 of
2002)
A reference was made to the Panel by the Lord Chancellor in October 2002 concerning
an application to amend paragraph 1001 of the Bar's Code of Conduct and Annex
A of the International Practice Rules to enable foreign lawyers to act as
suitably qualified persons to supervise barristers practising in Member States
of the European Union during their first three years of practice. The Panel's
advice was given in December 2002.
The Panel advised the Lord Chancellor to approve the rule changes as proposed by the Bar subject to a number of conditions. The Lord Chancellor is presently considering the advice before deciding whether rule change should be approved.
Application by the Bar Council to amend paragraph 603(e) of the Code of
Conduct (Referral No 5 of 2002)
A reference made by the Lord Chancellor in October 2002 concerning an application
to amend paragraph 603(e) of the Bar's Code of Conduct to remove ambiguity
in the rule concerning conflicts of interest. The Panel's advice was given
in December 2002.
The Panel advised the Lord Chancellor to approve the rule change subject to conditions. The Lord Chancellor is presently considering the advice before deciding whether this rule change should be approved.
Copies of the Panel's full advice to the Lord Chancellor on the concluded referrals can be obtained from the LCD website or in hard copy from the Panel Secretariat (telephone: Ms Louise Joyce on 020 7210 8816).
The Lord Chancellor approved the Panel's programme of work for 2002/2003 in accordance with section 18A(3)(b) of the Courts and Legal Services Act 1990. The Panel carries out its duties under the work programme in the main by ad hoc meetings of its working groups reporting to the full Panel for approval and/or for modification of the working group's provisional conclusions and advice.
During 2002 the Legal Education working group has been particularly involved in discussions about the Standing Conference on Legal Education. In July the working group met members of the Standing Conference working party, to discuss the role of the Standing Conference, as well as the question of its membership and terms of reference. The drafting of appropriate terms of reference is in progress.
The working group met representatives of the Legal Services Commission (LSC). A number of issues were discussed at the meeting, including the introduction of the Specialist Quality Mark and LSC proposals to change eligibility conditions. The meeting provided a useful forum for the Panel to gain information about LSC research projects, as well as proposals to consult on contracting and risk management.
The Panel established a working group to consider the operation of conditional fee agreements. The Panel has reviewed the Fenn, Gray, Rickman and Carrier report on the Impact of Conditional Fees on Litigation and has consulted Master Hurst, Senior Costs Judge, Professor John Peysner (a member of the Civil Justice Council and Chairman of the Costs and Access to Justice Committee) and Professor Paul Fenn (co-author of research into conditional fees). The Panel's consideration continues in the light of those consultations.
The Panel established a working group to consider the operation of the Criminal Defence Service and the use of Public Defenders. While the Group is yet to meet, it is planned that consideration of the issues involved will take place during year 2003/4.
The Panel's proposal for research on legal training was included in the LCD's 2002 Research Priorities Document but was not taken forward by the Department
The Panel has submitted two proposals for research on the training and regulation of those providing legal services. Both proposals have been included in the LCD's 2003-2004 Research Priorities Document.
Referrals
A referral from the Lord Chancellor has been made to the Panel for advice on the General Council of the Bar's application for the approval of new rules providing for direct access to barristers. The Panel is also considering a referral from the Lord Chancellor for advice on the Council for Licensed Conveyancers proposed changes to their Compensation Fund and Training rules.
Work Programme 2003/2004
The Lord Chancellor has approved the Panel's work programme for the 2003/2004 year.