Rules of the Chancery Bar Association
(Established 1935, re-established 1957)

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Objects
Discrimination
Eligibility for membership
Members
Admission to membership
Termination of membership
Officers
Powers and duties of Chairman and Vice Chairman
Duties of the Secretary, the Treasurer and the Seminar Secretary
The Committee of the ChBA
Duties and meetings of the  Committee
Election and retirement of Officers and members of the Committee
Annual Meetings
Extraordinary meetings
Notice of meetings of the ChBA
Chairman of and Quorum at meetings of the ChBA
Attendance and voting at annual and Extraordinary meetings
Administration
Finance
Alteration of rules
Notices
Interests of the Chancery Bar

Objects

1) The objects of the Chancery Bar Association (the ‘ChBA’) shall be to:-

1. promote the interests of justice;
2. promote the interests of the Chancery Bar;
3. promote and enhance the legal education and training of those practising and intending to practise at the Chancery Bar.

Discrimination

2) The ChBA shall not discriminate against any person in any way on the grounds of race, religion, gender, sexual orientation, or age

Eligibility for membership

3) There shall be three classes of member, namely:

1. full members;
2. honorary members; and
3. overseas members.

4) The following persons shall be eligible for full membership of the ChBA:-

1. barristers in independent practice at the Bar of England and Wales whose practice consists primarily of Chancery work;
2. barristers in independent practice at the Bar of England and Wales who are tenants in Chambers and intend and are likely to develop a practice consisting primarily of Chancery work;
3. employed barristers who have been called to the Bar of England and Wales and whose work consists primarily of Chancery Work.

Chancery work shall mean work of a type which, when undertaken in the High Court, is suitable to be undertaken in the Chancery Division.

5) The Committee may invite such persons as they may consider appropriate to become honorary members of the ChBA upon such terms as to subscription, duration of membership or otherwise as the Committee may think fit.

6) The Committee may invite such foreign lawyers as the Committee may consider appropriate to become overseas members of the ChBA upon such terms as to subscription, duration of membership or otherwise as the Committee may think fit. For the purposes of this rule, foreign lawyers shall mean persons who are (or have been) lawyers pracising outside England and Wales whose practices include (or included) Chancery work or whose firms undertake (or undertook, while such persons were members or employees of such firms) Chancery work.

Members

7) The members of the ChBA for the time being shall be those eligible persons who are mentioned in the records of the ChBA as having been admitted to membership, and who have paid such current annual subscription as may be   due. The records of the ChBA shall record whether a member is a full
member, an honorary member or an overseas member.

Admission to membership

8) Applications for full membership of the ChBA shall be made in writing to the Secretary on the form approved from time to time by the Committee for the purpose.

9) Upon receipt of a written application for membership on the approved form, the Secretary shall place the application before the Committee for consideration at its next meeting. Upon consideration of any such application, the Committee:-

1. shall admit to full membership any person it reasonably considers to be eligible for membership under rule 4;
2. shall reject any application for full membership from a person it reasonably considers to be ineligible for full membership under rule 4;
3. may, in the event that it decides that there is doubt as to the applicant’s eligibility under rule 4, either reject the application or request that the applicant provide the Committee with further information as to his/her practice or intended practice at the Bar, so as to enable the application to be reconsidered.;
   

Termination of membership

10) Any person who ceases to be eligible for membership under rule 4 shall cease to be a member of the ChBA, but shall not be entitled to the return of his or her subscription for any part of the calendar year in which such person ceases to be eligible for membership..

11) Any doubt as to a member’s continuing eligibility for membership or any class of  membership of the ChBA shall be resolved by the Committee.

12) The Committee shall have the power to expel any member of the ChBA.

13) Any member may resign from the ChBA at any time, but shall not be entitled to the return of his or her subscription for any part of the calendar year in which such resignation takes place.

Officers

14) There shall be the following Officers of the ChBA, who shall be full members of the ChBA:-

1. The Chairman
2. The Vice Chairman
3. The Secretary
4. The Treasurer
5. The Seminar Secretary

15) No person shall hold office as Chairman for more than 3 consecutive years.

16) No person shall hold office as Vice Chairman for more than 3 consecutive years.

17) No person shall hold office as Secretary for more than 4 consecutive years.

18) No person shall hold office as Treasurer for more than 4 consecutive years.

19) No person shall hold office as Seminar Secretary for more than 4 consecutive years.

20) Each officer shall retire at the close of every Annual Meeting.  Such retiring Officers shall (subject to the provisions of rules 15-19) be eligible for re-        election as Officers or as ordinary members of the Committee.

Powers and duties of Chairman and Vice Chairman

21) The Chairman shall:-

1. supervise the operation of the ChBA generally;
2. chair meetings of the ChBA and of the Committee, whenever present;
3. represent and promote the objects and interests of the ChBA in all respects;
4. perform such other duties as are provided for by these rules.

22) The Vice-Chairman shall assist the Chairman in the performance of his duties, and shall undertake the powers and duties of the Chairman in his/her absence.

Duties of the Secretary, the Treasurer and the Seminar Secretary

23) The Secretary shall:-

1. keep the records of the ChBA;
2. prepare and keep the minutes of the meetings of the ChBA and of the Committee;
3. give such notices as are provided for by these rules;
4. perform such other duties as are provided for by these rules.

24) The Treasurer shall:-

1. receive all monies of the ChBA;
2. prepare the annual accounts of the ChBA for presentation at each Annual Meeting;
3. prepare budgets of ChBA expenditure as and when required by the Committee; cause the ChBA’s monies to be disbursed in accordance with the directions of and/or the mandate determined by the Committee from time to time;
4. be responsible for keeping a record of the names and professional addresses of the members of the ChBA for the time being;
5. perform such other duties as shall be provided for by these rules.

25) The Seminar Secretary shall organise, under the supervision of the Committee, a programme of seminars, lectures and educational events for the benefit of the members of the ChBA.

The Committee of the ChBA

26) The Committee of the ChBA shall comprise the following persons, all of whom must (save as provided in these rules) be full members of the ChBA:-

1. The Officers; and
2. 12 elected ordinary members falling at the date of their election within the following categories:-
3. 1. 4 Queen’s Counsel;
   2. 5 juniors of more than 7 years call;
   3. 3 juniors of less than 7 years call.
4. Up to a maximum of 4 members co-opted under rule 29.

27) Ordinary members of the Committee shall be elected for a term of 3 years.

28) The elected ordinary members of the Committee who have been in office for 3 consecutive years shall retire at the close of every Annual Meeting.  Such retiring members:-

1. shall be eligible for re-election to the Committee as Officers, and
2. 
   (i)  Shall be eligible for re-election to the Committee as ordinary members, if there is a vacancy for which they are eligible to stand, unless they have served 6 consecutive years;
   (ii) otherwise shall not be eligible for re-election as ordinary members of the Committee in any category for a period of 3 years after their retirement.

29) The Committee may, in its absolute discretion, co-opt up to a maximum of 4 members of the ChBA whose Chambers are in London and 4 whose Chambers are outside London to serve on the Committee for such periods of up to one year as the Committee shall determine.

Duties and meetings of the Committee

30) The Committee shall meet as and when it shall think fit.

31) There shall be a quorum of 7 Officers or ordinary members for meetings of the Committee.

32) The Chairman (or the Vice-Chairman in his/her absence) or any 3 members of the Committee may call a meeting of the Committee.

33) Save in cases of urgency, the Secretary shall give 7 days’ notice of a meeting of the Committee to the members of the Committee..

34) Meetings of the Committee shall be chaired by the Chairman or, in his absence, the Vice-Chairman, or in his absence by such officer or ordinary             member of the Committee as the meeting shall elect.

35) The Committee shall:-

1. (i)  fix and call for subscriptions required by the ChBA to carry out its objects;
   (ii) determine the manner in which the ChBA’s monies are to be applied or disbursed;
2. fix the agenda for and summon Annual Meetings and other general meetings of the ChBA; and
3. undertake any other powers and duties provided for by these rules.

36) The Committee may delegate any business other than that mentioned in  rules 23 and 24 to sub-committees comprising any number of members of the     ChBA provided that every sub-committee shall have at least as many Committee members as members as non-Committee members.

37) It shall be the duty of all members of the Committee to attend meetings of the Committee unless they have good reason not to do so.

38) If any member of the Committee shall be persistently absent from Committee meetings without good reason then the other members of the Committee shall be entitled to resolve to dismiss that person from the Committee and upon such resolution being passed then the person concerned shall cease to be a member of the Committee. In this rule persistent absence means absence from 4 consecutive meetings.

Election and retirement of Officers and members of the Committee

39) The Officers and the required ordinary members of the Committee for the forthcoming year shall be elected by the members of the ChBA within the          period of three months ending on 31 July in each year, and prior to the Annual Meeting.

40) The Secretary together with 2 of the other members of the Committee or Officers (where possible being members or Officers retiring in the year in             question and who are not eligible for re-election or are not seeking re-election but in any event as selected by the Chairman) shall comprise a Ballot Committee in order to conduct any ballot required under these rules.

41) The elections shall be conducted as follows:-

1. The Secretary shall send out a notice to all full members of the ChBA inviting nominations (by a stated date, not less than 14 days after the notice) for the Officers and the required ordinary members of the Committee, indicating the number of vacancies and the restrictions on the standing of the members to be elected to fill such vacancies under rule 27(2).
2. A nomination must be in writing addressed to the Secretary and must be signed by the nominee and 5 current full members of the ChBA, not including the nominee himself.
3. If more than one nomination is received by the Secretary for the post of any officer, there shall be a secret ballot in respect of that post.
4. If only one nomination is received by the Secretary for the post of any officer, that nominee shall be duly elected to fill that post.
5. If more nominations are received by the Secretary for any category of ordinary member of the Committee than there are vacancies for that category, there shall be a secret ballot in respect of that category of ordinary member.
6. If no more nominations are received by the Secretary than there are vacancies for any category of ordinary member of the Committee, the nominees in that category shall be duly elected to serve on the Committee.
7. If a ballot is required, the Ballot Committee shall send out a notice incorporating a ballot paper to all full members of the ChBA stating the date by which ballot papers shall be returned and allowing at least 10 days from their dispatch for that purpose.
8. Each full member shall have one vote for each Officer, and one vote for each vacancy for ordinary members of the Committee in each category.
9. The candidate who receives the most votes for the post of each officer shall be duly elected.  In the event of a tie, the Committee shall decide which of the tying candidates shall be elected.
10. The candidates in each category of ordinary member of the Committee who receive the most votes shall be duly elected to serve on the Committee.
11. The candidates elected as aforesaid as Officers and Committee members shall be announced at the Annual Meeting.

42) The Officers and ordinary members of the Committee shall hold office from the termination of the Annual Meeting at which their election is announced       until the end of the Annual Meeting at which the result of the election for their replacement on the Committee is announced.

43) Whenever an Officer or ordinary member of the Committee ceases for any reason to hold office before the expiration of the term for which he was            elected, the Committee may appoint some other member of the ChBA to serve in his place until the next Annual Meeting.  Such an appointee shall be eligible   for election as an Officer or member of the Committee at the next annual election, and his period in office under this rule shall not count for the purposes of rules 15-19 and 27-28.

Annual Meetings

44) An Annual Meeting of the ChBA shall be held between 1st June and 31st July in each calendar year.

45) The date of each Annual Meeting shall be fixed by the Committee.

46) The business of the Annual Meeting shall be as follows:-

1. the announcement of the results of the election of the Officers and the ordinary members of the Committee for the forthcoming year;
2. to receive a report from the Chairman as to the work undertaken by the ChBA since the previous Annual Meeting;
3. to receive a financial report from the Treasurer;
4. to consider and (if thought fit) to approve the accounts for the previous calendar year prepared by the Treasurer;
5. to consider and (if thought fit) to approve any change in the subscription for each class of membership for the forthcoming calendar year proposed by the Committee;
6. to consider any resolutions of which due notice shall have been given;
7. to consider such other business as the Chairman of the meeting shall permit.

47) Any full member wishing to propose a resolution at an Annual Meeting shall      give the Secretary written notice of the terms thereof not later than the 15th May preceding the meeting.

Extraordinary meetings

48) The Committee may call an Extraordinary meeting of the ChBA at any time.

49) If more than 15 full members of the ChBA sign and deliver to the Secretary a requisition stating the resolutions to be discussed at an Extraordinary meeting of the ChBA, the Committee shall summon an Extraordinary meeting to be held not later than 35 days after the date of delivery of the requisition (unless it is delivered between 7th July and 7th September in which case the meeting shall be held not later than 70 days after the date of delivery of the requisition).

Notice of meetings of the ChBA

50) The Secretary shall give the full members of the ChBA notice in writing of each Annual Meeting and of any Extraordinary meeting of the ChBA no less than seven days in advance of the date fixed for the meeting.

51) Notice of an Annual Meeting and of an Extraordinary meeting shall include a summary of the resolutions to be proposed and the business to be conducted at the meeting.

Chairman of and Quorum at meetings of the ChBA

52) Meetings of the ChBA shall be chaired by the Chairman or, in his absence, the Vice-Chairman, or in his absence by such Officer or ordinary member of the Committee as the meeting shall elect.

53) A quorum for a meeting of the ChBA or for the taking of a vote at a meeting of the ChBA shall be 15 full members.

Attendance and voting at annual and Extraordinary meetings

54) All members shall be entitled to attend and speak at annual and Extraordinary meetings.

55) Save as provided in Rule 56, resolutions may be passed at an annual or Extraordinary meeting of the ChBA by a simple majority of members present and voting.

56) A resolution to change any of these rules may only be passed by a two-thirds majority of the members present and voting at an annual or Extraordinary meeting of the ChBA provided that:-

1. where a resolution proposes a change in these rules which does not affect the membership rights members who are not full members then there shall be a special quorum in relation to that resolution of 15 full members; and,
2. where a resolution proposes a change in these rules that does affect the membership rights of members who are not full members then such resolution shall not be passed unless two thirds of the members who are not full members present at the meeting and entitled to vote in favour of the resolution do so.

57)

1. save as provided in sub paragraph (2) only full members shall be entitled to vote  at annual and Extraordinary meetings;
2. members who are not full members shall be entitled to vote on any resolution affecting their membership rights. 

Administration

58 ) The Committee shall be at liberty to engage secretarial and/or administrative assistance at the expense of the ChBA to assist the Officers and/or the Committee in the exercise of their powers and duties under these rules.

Finance

59) Each full member of the ChBA or each set of Chambers comprising full members of the ChBA (on behalf of the full members of the ChBA in those           Chambers) shall pay an annual subscription for each calendar year (or part year) of membership.

60) The amount of the annual subscriptions for each class of member for the calendar year next following shall be determined by the Committee in advance    of the Annual Meeting.

61) The expenses incurred by the ChBA shall be met from the subscriptions paid by the members and from any other funds raised by the Committee for the purposes of the ChBA.

62) Any change in the amount of the subscriptions determined by the Committee for the following calendar year shall be approved at the Annual Meeting.

63) The annual subscription shall be paid by each member or each set of Chambers comprising full members (on behalf of the full members of the ChBA in those Chambers) on or before the 15th December prior to the calendar year to which the subscription relates.

64) Further subscriptions (in addition to the annual subscription) may be raised by the Committee at any time with the approval of a resolution at an Extraordinary meeting of the ChBA.

65) Any member of the ChBA whose subscription is in arrears shall cease to be a member of the ChBA, but may be re-admitted to membership by the Committee on payment of the arrears and of such subscription as he would have paid if his membership had not ceased.

Alteration of rules

66) These rules may only be altered by a resolution passed in the manner provided by rules 56 and 57.

Notices

67) Any notice required by these rules to be given to members of the ChBA shall be validly given if sent by hand, by facsimile transmission, by post or by e-mail to either:

1. the member personally; or
2. the Head of Chambers, Clerk or Senior Executive of each member together with a request for the notice in question to be copied to all members of the ChBA in those Chambers.
   

Interests of the Chancery Bar

71) Every member of the ChBA shall be obliged to promote the interests of the Chancery Bar generally.

 

Adopted 24th October 1957.
Amended 31st May 1960, 5th June 1962, 21st June 1973, 20th May 1991, and 16th July 1992.
Revised 28th March 2000.
Revised 21st May 2003.
Revised 26th June 2006
Revised 4th July 2007
Revised 14 July 2008