*/
The four criminal barristers challenging the Quality Assurance Scheme for Advocates (QASA) have been granted permission to appeal to the Supreme Court.
In R (on the application of Lumsdon and others) v Legal Services Board , the appellants sought judicial review of the Legal Services Board (LSB) decision to approve the introduction of QASA.
The panel of three Supreme Court Justices refused permission to appeal against the Court of Appeal’s finding last year that the principle of independence of the advocate was not infringed by QASA, because it did not consider that ground to have a real prospect of success. However, permission to appeal was granted on the ground of whether the Court of Appeal had erred in law by failing to appreciate the effect of Regulation 14 of the Provision of Service Regulations 2009, which states that the authorisation scheme must have an “overriding reason relating to the public interest” and “the objective pursued cannot be attained by means of a less restrictive measure”.
The Court of Appeal had held that the LSB was entitled to a substantial margin of discretion in relation to the question of whether the decision to approve the scheme was proportionate.
A protective costs order has been made and the hearing has been provisionally listed for 16 March.
In the week before the Supreme Court announced its decision to allow the appeal, a Bar Standards Board spokesman said: “The Board decided we should in the meantime explore other ways in which we can properly protect the public from poor standards of advocacy.”
The panel of three Supreme Court Justices refused permission to appeal against the Court of Appeal’s finding last year that the principle of independence of the advocate was not infringed by QASA, because it did not consider that ground to have a real prospect of success. However, permission to appeal was granted on the ground of whether the Court of Appeal had erred in law by failing to appreciate the effect of Regulation 14 of the Provision of Service Regulations 2009, which states that the authorisation scheme must have an “overriding reason relating to the public interest” and “the objective pursued cannot be attained by means of a less restrictive measure”.
The Court of Appeal had held that the LSB was entitled to a substantial margin of discretion in relation to the question of whether the decision to approve the scheme was proportionate.
A protective costs order has been made and the hearing has been provisionally listed for 16 March.
In the week before the Supreme Court announced its decision to allow the appeal, a Bar Standards Board spokesman said: “The Board decided we should in the meantime explore other ways in which we can properly protect the public from poor standards of advocacy.”
The four criminal barristers challenging the Quality Assurance Scheme for Advocates (QASA) have been granted permission to appeal to the Supreme Court.
In R (on the application of Lumsdon and others) v Legal Services Board, the appellants sought judicial review of the Legal Services Board (LSB) decision to approve the introduction of QASA.
The Chair of the Bar sets out how the new government can restore the justice system
In the first of a new series, Louise Crush of Westgate Wealth considers the fundamental need for financial protection
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Possibly, but many barristers are glad he did…
Mental health charity Mind BWW has received a £500 donation from drug, alcohol and DNA testing laboratory, AlphaBiolabs as part of its Giving Back campaign
The Institute of Neurotechnology & Law is thrilled to announce its inaugural essay competition
How to navigate open source evidence in an era of deepfakes. By Professor Yvonne McDermott Rees and Professor Alexa Koenig
Brie Stevens-Hoare KC and Lyndsey de Mestre KC take a look at the difficulties women encounter during the menopause, and offer some practical tips for individuals and chambers to make things easier
Sir Geoffrey Vos, Master of the Rolls and Head of Civil Justice since January 2021, is well known for his passion for access to justice and all things digital. Perhaps less widely known is the driven personality and wanderlust that lies behind this, as Anthony Inglese CB discovers
The Chair of the Bar sets out how the new government can restore the justice system
No-one should have to live in sub-standard accommodation, says Antony Hodari Solicitors. We are tackling the problem of bad housing with a two-pronged approach and act on behalf of tenants in both the civil and criminal courts