Minutes of the FLBA Committee Meeting
Held in the Princes Room, Middle Temple,
On Wednesday 14th September 2011
Present: Stephen Cobb QC (Chairman)
Nicholas Cusworth QC (Vice Chairman)
Philip Marshall (Secretary)
James Roberts (Treasurer)
Tim Scott QC
Philip Cayford QC
Leslie Samuels QC
Susan Jacklin QC
Janet Bazley QC
Sam Momtaz
Malek Wan Daud
Hannah Markham
Ian Bugg
Georgina Cole
Martha Cover
Perican Tahir
Lucy Reed
Zoe Saunders
Judith Fordham
Katherine Kelsey
Richard Balchin
Dorothea Gartland
Ruth Cabeza
The following joined the meeting by telephone link: Jo Delahunty QC, Taryn Lee
1.Introductions, Welcomes & Apologies for Absence:
Apologies for absence were received from: Anthony Kirk QC, Deborah Eaton QC, Alison Russell QC, Frances Judd QC, Caroline Willbourne, Philip Blatchly, Ayesha Hasan, Kate Ozwell, Brent Molyneux, Deepak Nagpal, Byron James, Liam Gribbin, Geoffrey Kingscote, Sally Bradley, Charles Hale.
The Chairman offered congratulations to Clive Heaton who has been appointed to the Circuit Bench.
2.Minutes of the meeting of 13th July 2011:
The Minutes of the meeting held on 13th July 2011 were approved, with the amendment of noting that the following people had recorded apologies:-
Lucy Reed
Philip Cayford QC
Jo Delahunty QC
Richard Balchin
Matters Arising: Research in Practice - Request for Assistance:
Malek Wan Daud reported that Sally Bradley had sent him an email which was forwarded to the experts committee of the FJC but has not yet received a response.
3.FLBA Committee Matters:
FLBA National Meeting – 17th September:
The national meeting of the Association is being held on Saturday to discuss the Legal Aid Bill. Video links have been established in 8 regions and at the last count about 100 members have signed up to attend in London. The Chairman asked everyone to encourage members of their chambers to come along to the event. The CBA held its own national meeting in July at the Royal College of Surgeons where it was standing room only. It was a highly charged meeting at which the Attorney General was present. It will reflect badly on the FLBA if there are empty seats at its own event. The Chairman had circulated a programme for the meeting which the Attorney General is attending. David Norgrove and Dame Elizabeth Butler-Sloss had also been invited but unfortunately neither of them can attend. However, over the last few days the Chairman has had contact with various charitable organisation all of whom have expressed their support in relation to what we are doing. These organisations include the Children’s Commissioner, Gingerbread, NSPCC, Liberty, Refuge, CAADA. All of the names will be put on a PowerPoint presentation to be shown at the meeting. There is also some talk of media awareness. The Chairman also circulated draft resolutions for the meeting.
FLBA Elections:
Notice of the elections has now gone out to the membership. The Chairman encouraged those whose terms of office comes to an end this year to consider standing again; and to encourage anyone in chambers, who would make a valuable contribution to the work of the committee, to consider standing. Sam Momtaz suggested that a useful way of getting new members is to give them the opportunity of having a chat with someone on the committee to see what it involves and he volunteered himself to be available to do this. The following also kindly agreed to do so: Malek Wan Daud, Leslie Samuels, Perican Tahir, Zoe Saunders, James Roberts and Martha Cover. It was agreed the Carol Harris would send out an email with this suggestion and the contact details of those involved.
Bar Council Elections:
The Chairman reported that nominations for the Bar Council elections have to be in by next Wednesday. In the under 7 years’ Call category Byron James has indicated that he wishes to stand and at least one other has expressed interest. In the over 7 years’ Call category Susie Cotterill and Ian Bugg have declared their intention and in the Silk category Susan Jacklin QC and Susan Grocott QC are standing.
Bar Council International Programme for 2012:
Nicholas Cusworth QC attended a meeting last week of the Bar Council’s International Committee and reported that the international programme has a significant commercial law bias and is of limited interest to our Association, although there is a proposed World Bar Conference in London next year.
Bar Council International Business Development Working Group:
Chantal-Aimee Doerries QC has asked for a representative from the FLBA to be a regular attendee on the Bar Council International Business Development Group, of which she is the chair. Tim Scott QC kindly volunteered to sit on the group. The Chairman therefore invited Tim Scott QC to be our rep on this committee to keep a watching brief and to report back as and when.
PRFD / Pro Bono Scheme:
This item was held over to the next meeting as it has not progressed over the summer.
FLAG:
The Chairman has written a letter of support to FLAG which has now been incorporated as the Institute of Family Law Arbitrators. He commented that at the last meeting a question was raised as to whether the FJC had some anxieties about this organisation but has now been informed that there are no concerns about the scheme. The sign-off for the company is 19th October. Tim Scott QC is going on the first training course next year.
RCJ User Group Meeting:
Deepak Nagpal attended the most recent meeting of the RCJ User Group and will report back at the next meeting.
Website:
Lucy Reed reported that her husband has been putting in a lot of work on the new website and is on the brink of putting the development site on line after which things will begin to move more quickly. The timescale is slightly longer than originally planned but it is hoped to be up and running by November. What needs to be done now is to start thinking about content and the editorial committee need to make decisions about who uploads what.
The Chairman asked if a progress report could be made available for the next meeting. He also asked if the target date could coincide with a launch at the National Conference on 19th November. Lucy Reed thought that this would be possible.
Bracewell Essay Prize:
The Chairman was pleased to report that Jordans have agreed to sponsor the 2011 Bracewell Essay Prize which is going to be awarded at the 2012 Annual Dinner. In return Jordans will get a free stand at the National Conference.
Pamela Scriven QC, who has been co-ordinating this competition for many years, has suggested that we should appoint someone to shadow her with a view to taking over from her next time. Jo Delahunty QC agreed to do so. So far as the topic is concerned it was felt that children law should be considered this time around and Pamela has suggested something along the lines of relocation. The Chairman will discuss this with the Officers make a decision. Two judges are needed, one judicial and the other academic. Mrs. Justice Black and Lord Justice McFarlane were put forward as possibilities. The competition will be launched in October with a view to the essays coming in before Christmas.
BSB – Meeting with Baroness Deech:
The Chairman attended a meeting with Baroness Deech on 29th July. There was very little to report except that both parties expressed their exasperation at the LSB’s requirement for us to notify our clients of a complaints procedure. The CPD consultation was also discussed as well as a possible joint event on mediation.
YBC Seminar on Family Mediation:
Georgina Cole reported on the YBC seminar on Family Mediation which was held on 28th July to encourage junior barristers who are facing cuts to pursue different areas. The Chairman commented that we need to have a proper dialogue with Baroness Deech about the rule which stated that you have to be a tenant for three years before you can undertake mediation work.
Evaluation of the Work of the Independent Social Worker:
Sally Bradley, who attended the meeting on the Evaluation of the Work of the Independent Social Worker on 31st August, was not in attendance. To hold over until the next meeting.
Links with IAML:
There has been a suggestion from David Allison of Resolution to form closer links with IAML. The Chairman has indicated that the FLBA would like to be involved in any future discussions.
- Family Justice Issues:
Meeting with Law Society to discuss Norgrove:
James Roberts and the Chairman met with the Law Society at the end of July to discuss the Norgrove Report on 28th July. It was discovered that the MoJ has set up a Mediation Steering Group which includes a number of solicitor organizations but not the Bar. We have asked that our wish to be included in future should be put forward at the next meeting.
On Monday of next week the Chairman will be meeting with David Allison of Resolution to talk about the Family Justice Review’s final work in the anticipation of a seminar on Thursday of next week at which the FJR wish to road test some of their ideas on family law. We have been in touch with the Family Justice Review secretariat to put in our last bid on Legal Aid.
Law Society’s proposal for “Faster Family Justice” Committee:
James Roberts and the Chairman went to a meeting concerning the Law Society’s proposal to set up a Faster Family Justice committee. We have indicated that we are happy to be part of that group.
Law Commission 11th Programme:
Philip Marshall reported that the Law Commission has agreed with the MoJ to take forward our suggestion on ancillary relief enforcement after many years of nil response from the Government. The Chairman thanked Philip and the AR team for their work in this respect.
Allocation and Case Management in the FPC:
The Chairman had previously circulated the President’s Guidance on the allocation of Case Management in the FPC.
CAFCASS Working Agreement – post 30th September 2011:
The Chairman had circulated with the agenda a joint message from the President’s Office and CAFCASS on the working agreement post 30th September 2011.
Guidance note to FPC on application of the FPR 2010:
The guidance note to Family Proceedings Courts had been circulated with the agenda.
Media Attendance and Reporting:
A link to this item had been included in the agenda.
Filing and Service of Documents – PRFD:
A letter from HM Courts & Tribunals Service on the PRFD trial regarding the filing and service of documentation within public law cases had previously been circulated.
Experts Fees:
The paper from HHJ Altman on Funding of experts was circulated with the agenda.
5.Family Fees/Funding:
Funding Order (CLS(F)(A#2)0 2011): 10% cuts:
The Chairman reported that we were given notice that the Government were consulting on the 10% cuts and to put in a bid. In the last two weeks however the Government said that it was pressing ahead regardless. These cuts will be across the board and on all fees for juniors. 1st February 2012 is the date for the implementation of the new funding order. The Bill is still in committee stage at present. The Bar Council has asked Members in Opposition to table amendments to the Bill but we have had very little success in having any of our amendments approved by the Committee.
Lobbying: MPs on the Bill Committee:
After the last meeting the Chairman sent round instructions on how to lobby MPs. Over the summer he has received between 12 and 20 responses from MPs who have been approached by members of the FLBA. He considered that given the time of year this was not a bad response. When the Bill is back in the Commons that is the point when MPs need to be engaged with what is going on.
Meeting with the MoJ:
The Chairman reported that he and Ian Bugg attended a meeting in August with the MoJ where they went through a number of concerns about the Bill. Unfortunately we received very little positive reaction.
Meeting with NSPCC / WI / CAADA / OCC / Resolution / Gingerbread / 38 Degrees:
38 Degrees are a campaigning organisation who came along to the meeting to see if they are interested in taking up the Legal Aid issue and they are. Lucy Reed suggested that we should invite our members to join 38 Degrees by word of mouth as the more members they have the more they can push the subject up the scale.
Referral Fees - LBLA:
The London Borough’s Legal Alliance have put out a tender document inviting chambers to tender for work in a number of areas of law, the deadline for which is 28th September. The organisation is made up of 11 local authorities using Kennedy Cater as their agents to produce a panel of preferred sets of chambers and childcare is one of these lots. Kennedy Cater have indicated that it will require the chambers who wish to tender to pay an annual administration fee to them which will not exceed £3,850 per lot per year. The Bar Council and the BSB are aware of this. There is very real concern that this administration fee is no more than a referral fee and to pay it we would be in breach of the Code of Conduct. The Chairman has been trying to get clarification from the Bar Council as to whether they have a position on it. The Ethics Committee of the Bar Council are of the view that this is likely to be a referral fee and we would therefore be in breach of the Code. The BSB have also been asked for its views but say they are fairly relaxed about it. We are, therefore, left in a state of uncertainty. The Chairman will continue to press the BSB for greater clarity. In the tender document Kennedy Cater do indicate themselves that they have considered themselves whether this is a referral fee but think it is not. Leslie Samuels pointed out that the payment is only made if the tender is successful.
Contracting and the Tender Round – LSC Consultation and Meetings:
Ian Bugg and the Chairman have attended meetings at the LSC regarding the Contracting tender rounds. In 2013 the tender round will be an aggressive one.
Consultant Offering Assistance on Contracting Issues re BVT:
This item to be held over to the next meeting.
Payments for Child Abduction Work – Payments on Account:
The Chairman commented that he has received a number of emails over the summer from clerks complaining about late payments and significant recoupments with respect to child abduction work.
6.Family Bar generally:
Quality Assurance for the Family Bar:
Anthony Kirk QC and Deborah Eaton QC sent a note stating that there is not much to report at present but will update the Committee at the next meeting.
Public Access Rules & Public Access training courses run by the Bar Council:
Susan Jacklin QC said that the BSB has a meeting tonight at which the Public Access Rules will be discussed, including the 3 year rule. The outcome is likely to be positive.
Bar Pro Bono Award – FLBA Nomination:
Nominations from the FLBA for the Bar Pro Bono Award need to be in by 29th September and to date no one has been put forward.
BSB CPD Consultation:
The Chairman recorded thanks to Janet Bazley QC and Ayesha Hasan for their work on our response to the BSB’s Consultation on CPD. Janet gave a brief overview of the important points in the Consultation and our response to them, one being the proposal to increase the number of hours to 24 for established practitioners, 12 being verified hours and the other 12 for private study and whether this should be regulated. The approach taken by Janet and Ayesha was approved by the Committee and the Chairman thanked them once again for their efforts.
7.FLBA Conferences and Continuing Education:
Education/Seminar Programme:
Dates for the Autumn/Winter lecture series have been established, with speakers and titles nearing finalisation.
National Conference 2011 – Chester:
Details of the National Conference were sent out last week. The Chairman hoped that everyone present would be able to attend and noted that the early bird rate is currently still available.
National Conference 2012 – Location?
The Chairman asked if anyone had any particular choice for a venue for the 2012 Conference. As no suggestions were put forward it was agreed that the Officers would look at the map and suggest somewhere we have not yet been.
Joint Seminar with the Chancery Bar Association:
To mention that the Chancery Bar Association have asked us if we would do a joint seminar with them in 2012. This has been agreed. It will take place in June of next year with the topic/title being “The Impact of Nuptial Agreements on Death”.
8.FLBA Social:
McFarlane LJ Dinner – 10th November: