Benson Commission
Encyclopedia
The Royal Commission on Legal Services, commonly known as the Benson Commission (after its chairman Sir Henry Benson
) was a Royal Commission
set up the by Labour
government of Harold Wilson
to "examine the structure, organisation, training and regulation of the legal profession and to recommend those changes that would be desirable to the interests of justice". The Commission and its report are seen as one of the elements that lead to the passing of the Courts and Legal Services Act 1990
.
s, solicitor
s, and certificated notaries
) came under fire for what was perceived to be poor performance, the high cost of conveyancing
, and its failure to deal with the needs of all levels of society. In response, the Labour government under Harold Wilson
created a Royal Commission
on Legal Services, known as the Benson Commission (after its chairman Sir Henry Benson
), which was asked to "examine the structure, organisation, training and regulation of the legal profession and to recommend those changes that would be desirable to the interests of justice". The Commission frightened legal professionals, who believed that they were likely to face severe structural changes and lose their monopolies on probate
and conveyancing
work.
.
The Commission's report was presented to Parliament in October 1979. It did not propose any radical changes, with one editorial describing it as "characterised by an over-anxiety not to offend the professional establishment". In particular it ruled out the possibility of partnerships between barristers. It also upheld the idea of a split profession (one with both solicitors and barristers, in contrast to a fused profession
), saying that:
The report also rejected the suggestion to allow solicitors rights of audience
in the High Court
The report concluded that the practice of law was a profession, and that a profession had to be independent of government, because without independence the interests of a client cannot be a primary consideration. It did not challenge the existing professional self-regulation through organisations such as the Law Society
and Bar Council. The Commission did recommend an examination of the court and legal procedures to see if time and money could be saved for the parties involved.
The report also left the conveyancing
monopoly of solicitors intact, although it did pave the way for the system of licensed conveyancer
s established by the Access to Justice Act 1975.
In other ways, however, the report was revolutionary – it recommended a Council of Legal Services to advise the Lord Chancellor
(something eventually realised in the Lord Chancellor's Advisory Committee on Legal Education and Conduct
), a movement of advice services such as the Citizens Advice Bureau
into the legal fold, and a single unified body to regulate barrister
s, rather than a fragmentation between the Bar Council
and Inns of Court
.
The government response to the Benson Committee's report was published in 1983, and established a Civil Justice Review to examine court procedure. The report of the review board was put before the House of Commons on 7 June 1988.
, even though the act disagreed with the report of the Commission in many ways.
Henry Benson, Baron Benson
Henry Alexander Benson, Baron Benson was a British accountant best known as a partner of Coopers & Lybrand, an advisor to the Bank of England, his work organising the accountancy profession as president of ICAEW and for the part he played in various Royal Commissions.Born in Johannesburg to...
) was a Royal Commission
Royal Commission
In Commonwealth realms and other monarchies a Royal Commission is a major ad-hoc formal public inquiry into a defined issue. They have been held in various countries such as the United Kingdom, Australia, Canada, New Zealand, and Saudi Arabia...
set up the by Labour
Labour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
government of Harold Wilson
Harold Wilson
James Harold Wilson, Baron Wilson of Rievaulx, KG, OBE, FRS, FSS, PC was a British Labour Member of Parliament, Leader of the Labour Party. He was twice Prime Minister of the United Kingdom during the 1960s and 1970s, winning four general elections, including a minority government after the...
to "examine the structure, organisation, training and regulation of the legal profession and to recommend those changes that would be desirable to the interests of justice". The Commission and its report are seen as one of the elements that lead to the passing of the Courts and Legal Services Act 1990
Courts and Legal Services Act 1990
The Courts and Legal Services Act 1990 was an Act of the Parliament of the United Kingdom that reformed the legal profession and Courts of England and Wales...
.
Background
During the 1960s the legal profession (barristerBarrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
s, solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
s, and certificated notaries
Notary public
A notary public in the common law world is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business...
) came under fire for what was perceived to be poor performance, the high cost of conveyancing
Conveyancing
In law, conveyancing is the transfer of legal title of property from one person to another, or the granting of an encumbrance such as a mortgage or a lien....
, and its failure to deal with the needs of all levels of society. In response, the Labour government under Harold Wilson
Harold Wilson
James Harold Wilson, Baron Wilson of Rievaulx, KG, OBE, FRS, FSS, PC was a British Labour Member of Parliament, Leader of the Labour Party. He was twice Prime Minister of the United Kingdom during the 1960s and 1970s, winning four general elections, including a minority government after the...
created a Royal Commission
Royal Commission
In Commonwealth realms and other monarchies a Royal Commission is a major ad-hoc formal public inquiry into a defined issue. They have been held in various countries such as the United Kingdom, Australia, Canada, New Zealand, and Saudi Arabia...
on Legal Services, known as the Benson Commission (after its chairman Sir Henry Benson
Henry Benson, Baron Benson
Henry Alexander Benson, Baron Benson was a British accountant best known as a partner of Coopers & Lybrand, an advisor to the Bank of England, his work organising the accountancy profession as president of ICAEW and for the part he played in various Royal Commissions.Born in Johannesburg to...
), which was asked to "examine the structure, organisation, training and regulation of the legal profession and to recommend those changes that would be desirable to the interests of justice". The Commission frightened legal professionals, who believed that they were likely to face severe structural changes and lose their monopolies on probate
Probate
Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...
and conveyancing
Conveyancing
In law, conveyancing is the transfer of legal title of property from one person to another, or the granting of an encumbrance such as a mortgage or a lien....
work.
Commission
The Commission was led by Sir Henry Benson, and also had a sub-committee looking at legal education, which was led by R.G. DahrendorfRalf Dahrendorf
Ralf Gustav Dahrendorf, Baron Dahrendorf, KBE, FBA was a German-British sociologist, philosopher, political scientist and liberal politician....
.
The Commission's report was presented to Parliament in October 1979. It did not propose any radical changes, with one editorial describing it as "characterised by an over-anxiety not to offend the professional establishment". In particular it ruled out the possibility of partnerships between barristers. It also upheld the idea of a split profession (one with both solicitors and barristers, in contrast to a fused profession
Fused profession
Fused profession is a term relating to jurisdictions where the legal profession is not divided between barristers and solicitors.It is generally used in the context of Commonwealth countries which have provided by statute for there to be a single profession of "Barrister and Solicitor".In practice,...
), saying that:
"with regard to the administration of justice, the weight of evidence is strongly to the effect that a two-branch profession is more likely than a fused one to ensure the high quality of advocacy that is indispensable, so long as our system remains in its present form, to secure the proper quality of justice"
The report also rejected the suggestion to allow solicitors rights of audience
Rights of audience
In common law, a right of audience is generally a right of a lawyer to appear and conduct proceedings in court on behalf of their client. In English law, there is a fundamental distinction between barristers, who have a right of audience, and solicitors, who traditionally do not ; there is no such...
in the High Court
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
The report concluded that the practice of law was a profession, and that a profession had to be independent of government, because without independence the interests of a client cannot be a primary consideration. It did not challenge the existing professional self-regulation through organisations such as the Law Society
Law Society of England and Wales
The Law Society is the professional association that represents the solicitors' profession in England and Wales. It provides services and support to practising and training solicitors as well as serving as a sounding board for law reform. Members of the Society are often consulted when important...
and Bar Council. The Commission did recommend an examination of the court and legal procedures to see if time and money could be saved for the parties involved.
The report also left the conveyancing
Conveyancing
In law, conveyancing is the transfer of legal title of property from one person to another, or the granting of an encumbrance such as a mortgage or a lien....
monopoly of solicitors intact, although it did pave the way for the system of licensed conveyancer
Licensed Conveyancer
A Licensed Conveyancer is a specialist legal professional in the United Kingdom, New Zealand, Australia or South Africa who has been trained to deal with all aspects of property law.Typically, their tasks might include:...
s established by the Access to Justice Act 1975.
In other ways, however, the report was revolutionary – it recommended a Council of Legal Services to advise the Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
(something eventually realised in the Lord Chancellor's Advisory Committee on Legal Education and Conduct
Lord Chancellor's Advisory Committee on Legal Education and Conduct
The Lord Chancellor's Advisory Committee on Legal Education and Conduct was an advisory board established by the Courts and Legal Services Act 1990 and tasked with assisting in "the maintenance and development of standards in the education, training and conduct of those offering legal services"...
), a movement of advice services such as the Citizens Advice Bureau
Citizens Advice Bureau
A Citizens Advice Bureau is one of a network of independent charities throughout the UK that give free, confidential information and advice to help people with their money, legal, consumer and other problems....
into the legal fold, and a single unified body to regulate barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
s, rather than a fragmentation between the Bar Council
Bar council
A bar council , in a Commonwealth country and in the Republic of Ireland, the Bar Council of Ireland is a professional body that regulates the profession of barristers together with the King's Inns. Solicitors are generally regulated by the Law society....
and Inns of Court
Inns of Court
The Inns of Court in London are the professional associations for barristers in England and Wales. All such barristers must belong to one such association. They have supervisory and disciplinary functions over their members. The Inns also provide libraries, dining facilities and professional...
.
The government response to the Benson Committee's report was published in 1983, and established a Civil Justice Review to examine court procedure. The report of the review board was put before the House of Commons on 7 June 1988.
Impact
The report did not have the impact that Benson wanted - The government took four years to reply to the report, and did not institute many of the changes he recommended. By 1995 the citizen advice services were still not within the legal mainstream, and it took 12 years to implement other recommendations (such as that the Lord Chancellor should have a junior minister in the House of Commons). Despite this the Commission and its report are seen as leading to the Courts and Legal Services Act 1990Courts and Legal Services Act 1990
The Courts and Legal Services Act 1990 was an Act of the Parliament of the United Kingdom that reformed the legal profession and Courts of England and Wales...
, even though the act disagreed with the report of the Commission in many ways.