COVID-19 Update

​The Bar Council is taking action to mitigate the impact of COVID-19 on our profession in Northern Ireland. The situation is changing rapidly and at all times the priority must be the health and wellbeing of our barristers, staff and the wider public that we serve.

Whilst acknowledging that these are unprecedented circumstances, we remain concerned that there is ongoing confusion, inconsistency of practice and therefore heightened concern amongst our members. The information below sets out the Bar Council’s advisory position for both our members and all of our partners across the legal and justice system including our instructing solicitors, the NICTS, the PPS, DoJ and judiciary.

• The Bar Council has always been a passionate advocate for access to justice and all barristers are bound by the primary duty to uphold the administration of justice. However, we cannot be asked, or ask anyone else, to do so in a manner that would be inconsistent with the Government’s health advice.

• The latest public health advice has stressed the restrictions on professional and social contact that are deemed to be essential at this time in order to counteract the valid concerns about the spread of the virus and the risk of infection.

• The Bar Council is therefore asking for an immediate two week suspension of all in-person hearings save in very exceptional circumstances. It is our view that this position can be reviewed after two weeks and updated in light of the prevailing circumstances at that time.

• We have based this request upon the fact that the Bar Council considers that all proceedings conducted in person would be incompatible with the Government’s current health advice.

• We appreciate the efforts made already by various courts today to adopt a position that is in line with this advice and welcome the fact that guidance issued yesterday by the Office of the Lord Chief Justice defined what would constitute a priority or emergency case. We would now urge that avoiding personal contact in all but these priority cases becomes the consistent default position in all courts and for all barristers over the next two weeks.

• We are therefore advising all barristers that they should not attend any non-priority hearings for the next two weeks, to seek to adjourn administratively those matters that can be adjourned and to await further advice on the matter beyond that point. In considering this advice they must of course liaise with the judge, their solicitor and opposing counsel to explain their position in accordance with this advice.

• We apologise for any inconvenience that this may cause but would ask for the support of all of our partners in applying this position consistently. The Bar Council will support any barrister who acts in accordance with this advice.

Furthermore, the Bar Council is finalising details of a range of support measures, including financial assistance with Bar Library fees that it will implement in response to the situation. Updates will be shared with members via email and can also be found on our Twitter and website.

The Lord Chief Justice’s Office has issued detailed guidance for all courts in this jurisdiction. All of the relevant guidance and forms across different court tiers can be found in the one place.

Sarah Ramsey QC

Chair, Bar Council