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04 September 2024
Issue: 8084 / Categories: Legal News , Profession , Equality
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Boosting equality should be Bar priority

Barristers would have a professional obligation to advance equality, diversity & inclusion (EDI), under proposals to amend regulations

The change to the wording of Core Duty 8 would replace the current duty not to discriminate unlawfully.

A Bar Standards Board (BSB) ‘Consultation on the proposed amendments to the equality rule’, launched this week, states: ‘In order to achieve the culture change needed, we believe the duty needs to go further.

‘We believe it should be a core expectation of all practising barristers that they demonstrate an appropriate commitment, through their practice, to equality, diversity and inclusion.’

The BSB also proposes moving to outcomes-based regulation of equality rules.

Sam Townend KC, chair of the Bar Council, said: ‘While much progress has been made—thanks to the work of individuals, chambers, Inns, Specialist Bar Associations and others—there is clearly much more to be done.

‘Much of the progress made on EDI in chambers is thanks to the voluntary work of EDOs [equality and diversity officers] and we are keen to make sure that any regulatory changes do not undermine that work. Radical change is certainly disruptive and may have unintended detrimental consequences.  

‘On the proposals to move to outcomes-based regulation, we have previously raised concerns that this could pose significant challenges for the Bar and may be ineffective.’

The BSB previously proposed outcomes-based regulation in October 2023, ‘Consultation on the regulation of barristers in chambers’. Responding in February, the Bar Council warned this would pose ‘significant challenges’.

It said: ‘Barristers, generally, work long hours in an intellectually demanding job. Reading, considering and understanding outcomes, then devising ways to achieve them, is not a task that they have time or incentive to carry out.’

Issue: 8084 / Categories: Legal News , Profession , Equality
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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