Category Archives: News & Updates

Young Barristers’ fees in the Magistrates’ Court

Young Barristers’ Committee carried out a survey in 2016, to investigate whether the issue about poor or no remuneration of young barristers in Magistrates’ Courts had changed since the publication of the Protocol.

We received 292 responses in total, which is approximately 25% of the estimated 1140 practising in criminal law. These figures are based on the Bar Standard Board’s statistics for Feb 2014, which featured in the Jeffrey review

The findings highlighted the following:

  • This issue is prevalent among young criminal barristers, and does not just affect pupils, as some may think. 75% of respondents were tenants in Chambers.

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Young Barristers’ & Inns of Court Qualifying Session

The Young Bar Hub is a treasure trove of useful information which could prove to be invaluable to those in their early years of practice, but at present it is not as well-known as it should be.

Young Barristers’ Committee (YBC) have met – and are meeting – with representatives of the Inns of Court to try to raise our profile amongst students, particularly so that we can highlight the work that we do and the assistance we can provide when commencing life at the Bar. The Young Bar Hub shares information on matters such as accounting and finance, which are rarely discussed on the Bar Professional Training Course (BPTC) or even in Chambers. Forewarned is forearmed, as the saying goes.

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Making Tax Digital

What is Making Tax Digital?

Making Tax Digital (MTD) is a radical new system being introduced by HMRC. It will transform the way that tax returns are filed online.

Under MTD, self-employed barristers must keep accounting records electronically and use that information to provide updates on their business profit to HMRC on a quarterly basis.

HMRC’s main aim under the scheme is to make tax administration more efficient and easier for taxpayers through the introduction of a fully digitised system.  Also, HMRC estimate that they lose around £8bn a year through filing errors by taxpayers and that MTD will help to reduce those errors.

The Facts

The way that business profits are reported to HMRC is changing. Barristers with income in excess of the VAT threshold will need to begin digital submissions from April 2018 under the current proposals, and barristers with income below the VAT threshold will need to begin digital submissions with effect from April 2019. Quarterly submissions will be due to HMRC following these start dates, and will need to be based on accurate accounting data. The reports must be submitted one month after the end of the quarter.

That means you will no longer need to wait until the end of the year to find out how much tax you need to pay. However, a penalty regime will apply to late submissions.

If you are not already using software for your business record keeping/accounting you will need to establish a system in order to comply with the rules

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Why the YBC is supporting the new proposed AGFS

It’s a point often made that the launch of Government consultations can be a moment where the profession can get a bit nervous, especially when the issue concerned is criminal publicly funded fees.

We have all experienced the perverse effects of the current system: turning up for trials that are non-effective for reasons beyond your control; endless delays and arguments with the LAA over page count; attending mention after mention payments for which you know are coming out of the final brief fee. Under the current scheme, the young barrister is often on the losing side in the roulette of remuneration.

The consultation entitled ‘Reforming the Advocates Graduated Fees Scheme‘, has been launched by the Ministry of Justice. This contains a proposal for a new scheme that intends to rationalise the way that publicly funded defence cases are paid. We think this will redress many of the disadvantages of the current system.

Fundamentally, it suggests re-writing the current Advocates Graduated Fees Scheme (‘AGFS’) and replacing it with a scheme where cases are paid based on the complexity of the case and to reward the work that barristers actually do, rather than working slavishly to a page count system.

From the perspective of a young barrister, there are some clear advantages of the scheme:

  • Being paid £300 for every ineffective trial
  • Restoration of payment for PTPH, sentence and mentions
  • Payment for the second day of every trial
  • A scheme that rewards advocates for the level of work done and their experience
  • No more arguments over the service of material as evidence.

It goes without saying that no scheme is going to be absolutely perfect. There are a few drops in the base amounts for payments for some cases. But the clear advantage is that young barristers will be paid for their time in court, rather than being paid on an arbitrary basis, and will be able to actually make money rather than feeling like every other case is a loss leader. The scheme actually provides the groundwork so that newly qualified barristers can have a sustainable career in their early years, and beyond. The young bar needs a scheme that incentivises progression to more complex and serious cases.

The Young Barristers’ Committee, through the Bar Council will be responding to the consultation. The response will be positive, as we think this is a step in the right direction and the changes proposed would benefit the Young Bar overall.

If you have any views or would like to contribute to our response please do send comments and feedback to

By Louisa Nye (Chairman of the Young Bar 2016) and Helena Duong (Criminal Barrister at 23 Essex Street)

What is a ‘young barrister’?

Well for a start we are not necessarily young….

The question that I have been asked repeated this year by other barristers, senior judiciary and politicians is “what is a ‘young’ barrister?”. How do we, at the Bar Council, ‘classify’ our most junior members?

The Old Definition 

For the past 52 years the Bar Council had defined its young constituents as those under 7 years’ call. This worked on the same basis as most have operated for the past century; that you define a barrister’s seniority by reference to their date of call.

As far as Bar Council is concerned this matters as it defines who can stand for election to Bar Council in the junior elected categories. It also determines the pool of individuals who the Young Barristers’ Committee (YBC) is entitled to represent and support, under the Standing Orders.

Time for a Change 

In April 2016 the YBC put a paper to the Bar Council seeking a change of that definition. The reasons that a change seemed necessary are that: –

  • When the YBC was originally established in 1954, most barristers would expect to complete their Bar Finals, get called to the Bar and then go on to pupillage. The numbers of those being called to the Bar and the number of pupillages available was not as disparate as it now is.
  • Now it is commonly the case that individuals seeking pupillage will have to apply more than once. For those applying to criminal chambers they may have to wait 2 or 3 years after call until they are able to secure a pupillage.
  • It is also well known that most criminal pupils will undertake a third-six. Third-sixes are also increasingly more common in the civil sphere.
  • Following completion of pupillage anecdotally it takes approximately 7 years until most young barristers feel comfortable in their career: professionally, ethically and financially. On the old definition a young practitioner, who has 2-3 years between call and completion of pupillage, would only be considered a young barrister for 4-5 years. This means that the representative capacity of the YBC and junior elected members of the Bar Council is reduced.
  • For most practitioners it takes up to 2 years for them to be sufficiently comfortable in their practice to considering standing for Bar Council or becoming engaged in the representative work of the Bar Council, SBAs, Circuits or Inns. An individual might fall outside the old definition of “young barrister” before they even considered volunteering, and as a result their expertise and experience might be lost.
  • In relation to employed barristers, while employed barristers in the GLD are qualified barristers by the end of their 12-month pupillage, they continue to do 2 further seats in advisory positions so as to put them on a par with their solicitor counterparts. Employed barristers in the GLD would therefore not be settled in practice until at least 4 years after call in most cases. This would obviously be a longer period of time if they were unable to get a pupillage initially.

Bar Council unanimously approved a changed definition.

The New Definition

the change that was approved was “less than 7 years practising following the first date on which the barrister was eligible for a full practising certificate”.

In effect this means that you are a young barrister for your first 7 years of practice, after you become fully qualified. For most individuals, this will be from completion of your 12-month pupillage.

The new definition has also been adopted in relation to the International Grants Programme run by the Bar Council and SBAs.

What’s in a name?

Of course, this all leads to the next question – if we are defining barristers by their experience, should we really be called ‘young’? A newly qualified barrister in their 50s would be as ‘young’ as a newly qualified barrister in their 20s on the definition as it stands. Although both individuals would experience similar challenges in the early years of practice.

To date no one has been able to suggest a better alternative. We could not be the Junior Barristers’ Committee, as that denotes anyone who is not a Silk. The Junior Junior Barristers? Repetition in this case would definitely become complicated. What about the New Barristers’ Committee? But how would that be perceived by our clients? The answer to this question has eluded me for 18 months! If anyone has any suggestions as to an alternative, please do e-mail and let us know.

Louisa Nye is the Chairman of the Young Barristers’ Committee and a barrister at Landmark Chambers.

Pro Bono – The Business Case

Pro bono work contributes to the public good. In doing pro bono work barristers forgo paid opportunities. The primary motivation is, or should be, altruistic.

So far, so obvious.

Through all our work, we create value. In transactional terms, anyone undertaking pro bono work will have decided that the value added to the client (and/or society in general) will outweigh the loss of financial opportunity to himself/ herself.

And yet less often included in this equation, perhaps, is the value we can add to our own practice through pro bono work. There is a sound business case for working pro bono, and here are three aspects of it:

1) Building your skills

As a junior (or even baby) barrister without appellate experience, if an ordinary appeal to the Court of Appeal (for example) comes into Chambers – i.e. one which is publicly or even privately funded – the chances of you picking it up as opposed to someone a few years’ call ahead of you who has appeared there before are very slim.

If the case is pro bono, that’s a very different matter. These types of cases crop up fairly frequently through, for example, the Bar Pro Bono Unit, and often are suitable to those of limited call. Cases like this provide the opportunity to bolster your CV well ahead of schedule and obtain a meaningful competitive advantage.

2) Networking

So far, I’ve used the classic definition of pro bono work, i.e. “providing legal services free of charge”. Undoubtedly, taking on this kind of work will allow you to expand your professional network.

But there are other legally-focused opportunities to work pro bono outside of this definition. For example, there are various working groups within the Circuits and Bar Associations focused on access to justice issues, often contributing to policy debates and Government consultations.

Activities like this can be fascinating, and aside from the societal benefit in participating, you will have the opportunity to work closely with leaders within the profession and, in so doing, add to your own professional network.

3) Reputation

Pro bono work can also be a valuable marketing tool. For example, taking on pro bono cases can put you in the running for the various “Pro Bono lawyer of the year” awards by professional associations and regional pro bono organisations. Even if you don’t win one of these awards, being seen to do pro bono work will improve your credibility, and that of your Chambers or firm.

There are also reputational benefits. For example, should you find yourself in the Court of Appeal (to continue the above example), you will find that your tribunal will appreciate your acting pro bono; something which is unlikely to harm your reputation among the judiciary.

So, to conclude, those who might be mulling over whether or not to take a few hours out of their diary for pro bono work? Make sure that, as well as considering the public good, you consider the business case and potential marketing and reputational benefits.

Sam Roake

Charter Chambers

Sam Roake is a criminal barrister at Charter Chambers, and a member of the Young Barristers’ Committee, and is the young bar representative on the Bar Council’s Pro Bono Board of the Bar Council of England and Wales. 

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