Conducting litigation

The conduct of litigation is a reserved legal activity under the Legal Services Act 2007. A barrister cannot conduct litigation without authorisation from the Bar Standards Board (BSB). This means that you need to apply to the BSB for a specific extension to your practising certificate, in order to be able to conduct litigation. Information on the application process can be found on the BSB's website via the link below.

It is a legal matter as to what constitutes the conduct of litigation. The Bar Council and the BSB have, however, separately provided advice on the topic to assist you in making these determinations. Please see the links below for the current advice:

BSB guidance

Guidance on conducting litigation

Authorisation to conduct litigation - information about the requirements and application process.

"Litigation authorisation - guidance for applicants" - this can be found on the above page.

Public access guidance for barristers - see especially paragraphs 10-14.

Bar Council document

Role of barristers in non-solicitor cases

This document contains a section on what does and does not constitute conducting litigation - see paragraphs 17-49. It should be noted, however, that this document is broader in focus, and that you should consider your situation in the context of the wider issues discussed in the document.