Part I - Preliminary

101. The Eighth Edition of the Code was adopted by the Bar Council on 18 September 2004 and came into force on 31st October 2004.

102. This Code includes the Annexes.

103. Amendments and additions to this Code may be made by Resolution of the Bar Council which shall be operative upon such date as the Resolution shall appoint or if no such date is appointed on the later of:

(a) the date of the Resolution; and

(b) the date when approval of the amendment or addition, if required, is given under Schedule 4 of the Act.

Amendments and additions will be published from time to time in such manner as the Bar Council may determine.

General purpose of the Code

104. The general purpose of this Code is to provide the requirements for practice as a barrister and the rules and standards of conduct applicable to barristers which are appropriate in the interests of justice and in particular:

(a) in relation to self-employed barristers to provide common and enforceable rules and standards which require them:

(i) to be completely independent in conduct and in professional standing as sole practitioners;

(ii) to act only as consultants instructed by solicitors and other approved persons (save where instructions can be properly dispensed with);

(iii) to acknowledge a public obligation based on the paramount need for access to justice to act for any client in cases within their field of practice;

(b) to make appropriate provision for employed barristers taking into account the fact that such barristers are employed to provide legal services to or on behalf of their employer.

Application of the Code

105. A barrister must comply with this Code which (save as otherwise provided) applies to all barristers whenever called to the Bar.

106. Subject to the International Practice Rules (reproduced in Annex A) this Code applies to International work and whether a barrister is practising in England and Wales or elsewhere.

107. A registered European lawyer must comply with this Code in the manner provided for by the Registered European Lawyers Rules (reproduced in Annex B).

Waiver of the Code

108. The Bar Council shall have the power to waive the duty imposed on a barrister to comply with the provisions of this Code in such circumstances and to such extent as the Bar Council may think fit and either conditionally or unconditionally.