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And that's a wrap for today's #BarCouncil meeting. Thank you for following along.

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Under AOB, Chair @kirstybrimelow.bsky.social leads a note of thanks from #BarCouncil to Malcolm Cree CBE as this is his final Council meeting ahead of retirement in March. KBKC recognises his service to the Bar: "It's been a delight to work alongside him: wise, firm, always with a sense of humour."

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MF highlights the cttee's focus on climate, inc guidance on solar panels and upcoming guidance on ethics. Chair KBKC @kirstybrimelow.bsky.social - attended an event highlighting risk caused by climate change and the potential role of lawyers in this area, esp in commercial #BarCouncil

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Our 3rd cttee report to #BarCouncil is Marina Faggionato, co-chair of Pro Bono and Social Responsibility Cttee. Reminder of the deadline for the Pro Bono Recognition List is 6 March: www.probonorecognitionlist.org.uk

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Next up: Simon Regis CBE, Chair of Employed Barristers' Cttee (EBC) presents his report to #BarCouncil Working on bullying & harassment, judicial appnts opportunities, KCA working group, and creating employed Bar communities - at home and internationally.

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#BarCouncil notes that the contingency payments for the legally aided family/civil Bar may also impact declarations for practising certificate fees. Chair @kirstybrimelow.bsky.social says Bar Council will keep a close eye on these issues and invites people to share specific cases of concern.

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Guidance from HMRC on treatment of VAT was due in January but not been published. The Justice Select Cttee has raised the issue directly with MoJ ministers. Indiv barristers may need to speak to own accountants. James Roberts KC (FLBA) notes potential impact on Bar Mutual insurance #BarCouncil

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Samantha Hillas KC (Northern Circuit) asks about compensation from the LAA due to the impact of the cyber attack. MHKC explains that it has been raised with the LAA in general, but would welcome any concrete examples of loss that we can share with the LAA. #BarCouncil

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MHKC also reports that there has been a change to standard contractual terms in relation to liability - more information will be shared with the Bar once the BSB updates the Handbook. #BarCouncil

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On the LAA data breach - this month recoupment on contingency payments will start. Working on guidance to clerks - there's no one size fits all guidance. Barristers can contact LAA with concerns around hardship. Still waiting for HMRC guidance on VAT in relation to the payments. #BarCouncil

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Many would leave family legal aid ‘in a heartbeat’ – new Bar Council report Researchers spoke to 100 family barristers and found that many want to leave publicly funded family work as fees are worth about half their 1996 value.

RemCom also working on family legal aid with @familylawbar.flba.co.uk - a mtg with MoJ took place in Nov. FLBA has written to judges about fees issues. In December #BarCouncil & FLBA published a powerful report on family legal aid: www.barcouncil.org.uk/resource/man...

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Next up: reports from Remuneration Cttee, Employed Barristers' Cttee & Pro Bono and Social Resp Cttee. First up Mike Horne KC updates from RemCom on criminal legal aid - working with MoJ on the 'up to £34m' funding allocation. Cont to work on prosecution fees. #BarCouncil

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Huge thanks to @cassiarowland.bsky.social from #BarCouncil members for such an authoritative exploration of the data & research. Chair @kirstybrimelow.bsky.social says we share the same aims as govt in bringing down the backlog but the answers are investment & efficiencies, not reducing juries

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The IfG research shows comparisons with 2016 - Chair @kirstybrimelow.bsky.social asks about the adjustment for complexity. @cassiarowland.bsky.social explains that digital evidence does make a difference in terms of time for case prep but not court time (aside from tech issues) #BarCouncil

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Screenshot of a slide with a graph. The title is "Workforce shortages, poor court admin and maintenance and technology problems are all driving low productivity"

Screenshot of a slide with a graph. The title is "Workforce shortages, poor court admin and maintenance and technology problems are all driving low productivity"

#BarCouncil member Andrew Brooke asks about drivers of productivity gap. @cassiarowland.bsky.social highlights the increase in proportion of trials rescheduled on the day - causes inc unavailability of legal reps, evidence not ready, over-listing. This graph shows the impact of over-listing.

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On costs, CR @cassiarowland.bsky.social says we need to think about retention and recruitment into the criminal legal workforce as there are long-term cost implications if you don't do that #BarCouncil

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Andrew Thomas KC @thecriminalbar.bsky.social thanks @cassiarowland.bsky.social for the impact her research has had on the public debate around jury proposals. He asks if costs are a motivation and notes in Leveson's 2nd report cost per disposal is a metric the govt is interested in. #BarCouncil

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Screenshot of a slide with the title "Demand on the Crown Court is high, but not at record levels"

Screenshot of a slide with the title "Demand on the Crown Court is high, but not at record levels"

CR @cassiarowland.bsky.social also explains that although demand in the Crown Court has gone up it is not at a record high. #BarCouncil

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A screenshot of a slide showing a graph with the heading "A large 'productivity gap' has opened up in the Crown Court. The graph shows actual cases closed against predictions of how may cases would have closed if productivity levels of 2016 had been maintained

A screenshot of a slide showing a graph with the heading "A large 'productivity gap' has opened up in the Crown Court. The graph shows actual cases closed against predictions of how may cases would have closed if productivity levels of 2016 had been maintained

The @instituteforgovernment.org.uk finds a large 'productivity gap' has opened up in the Crown Courts. CR @cassiarowland.bsky.social highlights risks of govt proposals - slow to deliver, may distract from efforts to improve efficiency & potential to move the problem elsewhere #BarCouncil

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CR @cassiarowland.bsky.social explains that in total the @instituteforgovernment.org.uk estimates that the govt's reforms will save 10-15,000 sitting days. Judge-only trials accounting for 2-2,500 of those - 1.5-2.5% of time. Even on an optimistic scenario, reforms only save up to 10%. #BarCouncil

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Screenshot of a slide by the Institute for Government with the heading: Most Crown Court demand is out of scope for these reforms. There is a coloured bar showing the types of cases that are covered.

Screenshot of a slide by the Institute for Government with the heading: Most Crown Court demand is out of scope for these reforms. There is a coloured bar showing the types of cases that are covered.

CR @cassiarowland.bsky.social explains that most Crown Court demand is out of scope for the govt's proposals on reducing jury trials. She explains that a lot of court time is spent on other types of cases. #BarCouncil

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The @instituteforgovernment.org.uk research took govt's proposals to reduce jury trials/move cases out of the Crown Court from mags' courts then looked at the likely impact IF the govt's estimates are right. Couldn't factor in changes to defendant behaviour or guilty plea cases #BarCouncil

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Trial and error?: The impact of restricting jury trials on court demand | Institute for Government The government’s reforms will unlock only relatively modest reductions in demand.

Next up: we are delighted to welcome guest speaker @cassiarowland.bsky.social from the Institute for Government to speak to #BarCouncil about her research into the impact of proposals to restrict jury trials. Read her research here: www.instituteforgovernment.org.uk/publication/...

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Lucinda Orr speaking from a wooden lectern with the Bar Council logo on it

Lucinda Orr speaking from a wooden lectern with the Bar Council logo on it

Treasurer Lucinda Orr presents her report to #BarCouncil as a mixed picture but the end of Q3 shows a forecast year end surplus of £172k - an improvement. She thanks members who responded to the budget and fees consultation.

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Malcolm Cree speaking from a wooden lectern with the Bar Council logo on it

Malcolm Cree speaking from a wooden lectern with the Bar Council logo on it

Malcolm Cree presents the CEO report to #BarCouncil Currently liaising with the LSB over next year’s budget. Concerned that after the budget was submitted the BSB needed a further increase. This won’t affect practising fees

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Next up: Chair of @barstandardsboard.bsky.social Prof Chris Bones presents his report. He also welcomes Dame Maria - BSB will give her every support in her new role as Commissioner for Conduct. No Qs from #BarCouncil members. Chair @kirstybrimelow.bsky.social thanks Mark Neale as outgoing DG of BSB

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The Chair's circuit visits are already underway. Excellent work with the circuit leaders to coordinate visits to Crown Courts by MPs to learn about the criminal justice system. #BarCouncil

You can see a thread of the visits here: bsky.app/profile/theb...

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Next week Chair KBKC @kirstybrimelow.bsky.social will meet with the Lord Chancellor and will raise issues around current priorities, as well as the impact of sanctions on the Bar. Work is underway on legal aid fees inc for both pros and def in criminal and on civil #BarCouncil

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Bar Representation Fee (BRF) With your support we can do more to champion access to justice and give the Bar a stronger voice. Subscribe and get exclusive money-saving benefits

Ahead of the annual authorisation to practise process in Feb/March, Chair KBKC @kirstybrimelow.bsky.social encourages everyone to support the work of the #BarCouncil through the Bar Representation Fee (BRF). Find out more: www.barcouncil.org.uk/about/bar-re...

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KBKC @kirstybrimelow.bsky.social visited Brussels recently. A political declaration on the ECHR is due in May through the Steering Committee for Human Rights (CDDH). The Chair is also visiting India in February to promote the Bar of E&W. #BarCouncil

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