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The Supreme Court dismissed a challenge to the Quality Assurance Scheme for Advocates (QASA).
Lords Reed and Toulson ruled that the controversial accreditation scheme was the “only way” to provide the desired level of protection to the public, and confirmed that it was lawful and proportionate.
Previously, the High Court and Court of Appeal had also rejected the attempt to overturn the Legal Service’s Board’s approval of the scheme granted in 2013.
The challenge to QASA, which was designed by the three main legal regulators – the Bar Standards Board, Solicitors’ Regulation Authority and CILEx Regulation – had been brought in the name of four criminal barristers.
Welcoming the judgment, Dr Vanessa Davies, BSB director general, said: “The objective of providing a high level of public protection through a precautionary scheme has long been the underlying principle behind QASA.
“Given the length of time that has passed since the scheme was approved by the LSB, we need to consider the scheme’s implementation and likely timescales involved.”
The Criminal Bar Association, which financially backed the challenge, said it was “deeply disappointed” by the ruling. It added: “The CBA remains of the view that the scheme is a bad one.”
Meanwhile the BSB has begun a consultation on reforming its disciplinary tribunal system.
Proposed changes include modernising terminology, reducing the role of the Inns of Court, extending the regulator’s ability to appeal the outcome of disciplinary tribunals and limiting the costs claimed by barristers who represent themselves.
The BSB is also seeking views on measures to mitigate the costs of the disciplinary system, replacing all five-person panels with three-person panels, and shifting the decision on the readmission of disbarred barristers from the Inns of Court to itself.
The Supreme Court dismissed a challenge to the Quality Assurance Scheme for Advocates (QASA).
Lords Reed and Toulson ruled that the controversial accreditation scheme was the “only way” to provide the desired level of protection to the public, and confirmed that it was lawful and proportionate.
Previously, the High Court and Court of Appeal had also rejected the attempt to overturn the Legal Service’s Board’s approval of the scheme granted in 2013.
The challenge to QASA, which was designed by the three main legal regulators – the Bar Standards Board, Solicitors’ Regulation Authority and CILEx Regulation – had been brought in the name of four criminal barristers.
Welcoming the judgment, Dr Vanessa Davies, BSB director general, said: “The objective of providing a high level of public protection through a precautionary scheme has long been the underlying principle behind QASA.
“Given the length of time that has passed since the scheme was approved by the LSB, we need to consider the scheme’s implementation and likely timescales involved.”
The Criminal Bar Association, which financially backed the challenge, said it was “deeply disappointed” by the ruling. It added: “The CBA remains of the view that the scheme is a bad one.”
Meanwhile the BSB has begun a consultation on reforming its disciplinary tribunal system.
Proposed changes include modernising terminology, reducing the role of the Inns of Court, extending the regulator’s ability to appeal the outcome of disciplinary tribunals and limiting the costs claimed by barristers who represent themselves.
The BSB is also seeking views on measures to mitigate the costs of the disciplinary system, replacing all five-person panels with three-person panels, and shifting the decision on the readmission of disbarred barristers from the Inns of Court to itself.
Update from the Chair of the Bar
By David Green
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, examines the forensic science underpinning hair drug testing, its evidential scope and limitations, and why it remains the gold standard for evidencing patterns of drug use in family proceedings
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Clement Cowley, Partner at The Penny Group, discusses the upcoming changes to pensions and Inheritance Tax and the potential impact on your financial future
Save the Children UK is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
The Chief Legal Officer to the Metropolitan Police, barrister Brett Welch, tells Anthony Inglese CB about his mission and the work to turn the Met around
Barrister apprenticeships – shortly to provide the fourth pathway to the Bar – are an ideal opportunity to support local talent and ‘grow your own’, say Tim Coulson and Dr Jane Dennehy
Born from a grievance, their research project grew into a book and is now challenging the status quo. Emma Price and Emma-Louise Fenelon reveal the key findings – and the critical next steps
Grok around and find out – or not? Mariya Peykova investigates the nudification scandal, what the law has to say about sexually explicit deepfakes, and whether stronger regulation is needed
Oliver Lewis spotlights an overlooked yet rapidly evolving area of law – coercive and controlling behaviour within care contexts
