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25 November 2016 / Paul Martenstyn
Issue: 7724 / Categories: Features , Profession
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Raising the Bar

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The Bar embodies the structure that the rest of the legal sector is striving to emulate, says Paul Martenstyn

It sometimes seems that the rest of the legal world considers the Bar to be one of those British oddities that, like our unwritten constitution, does not make much sense in the abstract but works rather well in practice. In the same way that we would never found a country today on the basis of an unwritten constitution, it seems unimaginable that we would choose to structure our lawyers this way if given the choice.

This is the basis on which most defences of the Bar are mounted: Yes, it’s a bit odd, a bit old fashioned, but it works, doesn’t it? So why change it?

While I appreciate the sentiment, the more I think about it, the more it seems to me that this defence actually damns the Bar with faint praise. Rather than a quaint relic of the past, it increasingly seems that the Bar offers a glimpse into the future of the law.

The future

Consider what we are told about the future

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Jurit LLP—Caroline Williams

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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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