Office of Fair Trading
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Bar Council of Northern Ireland modifies its rules to address OFT concerns
The OFT has welcomed voluntary steps taken by the Bar Council of Northern Ireland (BCNI) to encourage price competition among barristers and improve choice for consumers. However, it continues to be concerned that regulation of legal services in Northern Ireland appears to lack the independence and accountability recently introduced in England and Wales.
Following intervention by the OFT, the BCNI has agreed to amend its Code of Conduct to make it clear that barristers operating in Northern Ireland are not prevented from competing freely on the level of fees charged to their clients. The BCNI has also agreed to make it easier for barristers from outside Northern Ireland to practise there by publicising that an abridged, flexible procedure is available for obtaining a temporary practising certificate.
These measures should contribute to breaking down restrictions to access to justice and increase consumer choice in Northern Ireland.
All members of the Bar of Northern Ireland have been sent copies of the new Code of Conduct and the changes have been highlighted on the BCNI's website at www.barlibrary.com/news/97/change-to-code-of-conduct.
The OFT began discussions with the BCNI after receiving a number of complaints and conducting its own research into the market for legal services in Northern Ireland, which highlighted competition concerns. The voluntary measures taken by the BCNI have enabled the OFT to resolve these concerns in an effective and efficient manner without having to resort to using its formal powers.
Sonya Branch, OFT Senior Director of Services and Public Markets, said:
'We welcome the Bar Council of Northern Ireland's actions, which the OFT believes will bring greater price competition and improved choice for consumers of legal services in Northern Ireland.
'However, we believe that an independent regulatory body overseeing the Northern Ireland legal market, as recommended by the Bain report, remains necessary.'
NOTES
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According to the Bar Council of Northern Ireland, there are approximately 600 barristers in private practice in Northern Ireland.
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The 'Bain report' on Legal Services in Northern Ireland Complaints, Regulation, Competition recommended the establishment of a Legal Services Oversight Commissioner (see www.dfpni.gov.uk/index/civil-law-reform/review-of-legal-services.htm).


