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Bar of England and Wales

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Bar of England and Wales
NameBar of England and Wales
Established12th century
TypeProfessional body
HeadquartersLondon
JurisdictionEngland and Wales
MembersBarristers, Queen's Counsel, King's Counsel

Bar of England and Wales

The Bar of England and Wales is the professional body comprising barristers who practice advocacy and specialist legal advice in England and Wales. It operates alongside the Solicitors Regulation Authority-regulated solicitors and interacts with institutions such as the Supreme Court of the United Kingdom, the Court of Appeal (England and Wales), and the High Court of Justice. Key organisations associated with the Bar include the Bar Standards Board, the Bar Council, the Inns of Court, and major chambers across London, Manchester, and other regional centres.

History

The Bar traces its origins to medieval legal practitioners attending the royal courts at Westminster Hall, evolving through episodes like the development of the Common law under figures associated with the Exchequer of Pleas and the King's Bench. Influences on its formation include the work of jurists from the Magna Carta era, the procedures of the Court of Common Pleas, reforms following the Judicature Acts 1873–1875, and responses to practice changes after the Access to Justice Act debates and the establishment of the Legal Services Act 2007. Prominent historical practitioners connected to the Bar include advocates who later sat in the House of Lords, sat as justices of the Supreme Court of the United Kingdom, or held political office in ministries such as the Chancellorship of the Exchequer and ministries led from 10 Downing Street.

Structure and Organisation

The Bar's institutional structure features the four Inns of CourtLincoln's Inn, Inner Temple, Middle Temple, and Gray's Inn—which provide call to the bar, dining, and education. Representative and regulatory separation exists between the Bar Council (representative) and the Bar Standards Board (regulatory). Chambers operate as independent self-employed groups of barristers, often specialising in areas linked to courts like the Crown Court, Family Court, and tribunals such as the Employment Tribunal. Senior ranks include holders of King's Counsel or historical Queen's Counsel appointments and judicial appointments to positions in the Court of Appeal (England and Wales), the High Court of Justice, and provincial divisions. Support organisations include the Bar Mutual Indemnity Fund and advocacy training providers connected to institutions like the London School of Economics and universities including University of Oxford and University of Cambridge.

Qualification and Admission to the Bar

Qualification routes require completion of academic components at universities such as University College London, vocational training like the Bar Professional Training Course, and pupillage in a chambers regulated in part by standards influenced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and the Legal Services Act 2007. Prospective entrants must be admitted to an Inn of Court and formally called to the bar, with further accreditation for rights of audience in courts including the Supreme Court of the United Kingdom following reforms influenced by bodies like the Civil Procedure Rule Committee. Alternative routes involve graduate diplomas from institutions such as the University of Law and qualifications from professional bodies including the Chartered Institute of Legal Executives for related pathways.

Roles and Practice of Barristers

Barristers specialise in advocacy in courts including the Crown Court, the Magistrates' Courts, the Family Court, and appellate courts like the Court of Appeal (England and Wales). They undertake specialist advisory work for clients represented by firms such as DLA Piper, Freshfields Bruckhaus Deringer, and Linklaters, and appear in cases touching on statutes like the Human Rights Act 1998 and jurisprudence from the European Court of Human Rights. Major practice areas include criminal law involving prosecutions by the Crown Prosecution Service, commercial litigation involving claims in the Commercial Court, family law matters influenced by precedents from the House of Lords era, and public law challenges rooted in decisions from the Divisional Court. Barristers may accept instructions through solicitors, direct public access schemes, or through agencies linked with in-house teams at organisations such as the BBC or government departments like the Home Office.

Regulation and Discipline

Regulation is primarily exercised by the Bar Standards Board, established following reforms associated with the Legal Services Act 2007, which sets codes enforced through disciplinary proceedings and powers that can refer matters to courts including the High Court of Justice. Professional conduct rules interact with statutory frameworks including the Proceeds of Crime Act 2002 and statutory reporting obligations to agencies such as the Serious Fraud Office. Disciplinary outcomes range from admonishments to suspension and disbarment, and appeals can proceed to bodies such as the Upper Tribunal (Immigration and Asylum Chamber) when procedural overlap occurs. Insurance and indemnity are managed with entities like the Bar Mutual Indemnity Fund and professional indemnity regimes.

The Bar maintains a historical link with the judiciary, with many judges recruited from barristers who served as King's Counsel or held positions in chambers with practice before appellate courts such as the Supreme Court of the United Kingdom and the Court of Appeal (England and Wales). Collaborative and contentious interactions occur with the Solicitors Regulation Authority, the Law Society of England and Wales, and newer providers regulated under the Legal Services Board. The Inns of Court preserve ceremonial and educational bonds relevant to judicial appointments and continuing professional development recognised by institutions such as the Judicial Appointments Commission and legal education providers including the Bar Professional Training Course consortium.

Notable Chambers and Barristers

Prominent chambers and barristers associated with high-profile litigation include sets in Gray's Inn, Lincoln's Inn, Middle Temple, and legal hubs in London and Manchester. Distinguished individual barristers have been involved in landmark cases before the European Court of Human Rights, the Supreme Court of the United Kingdom, and the House of Lords, and have served in roles within institutions such as the Attorney General for England and Wales and the Director of Public Prosecutions. Leading commercial and public law chambers have provided counsel to multinational firms like Barclays, HSBC, and Rolls-Royce in disputes and regulatory matters adjudicated by courts including the Commercial Court and tribunals such as the Competition Appeal Tribunal.

Category:Legal organisations based in England and Wales