24 April 2018

Bar Standards Board statement on the judicial review of QASA (appeal)

4 February 2014

Director of the Bar Standards Board, Dr Vanessa Davies, said:

"The BSB has learned that the Application for permission to appeal to the Court of Appeal the result of the judicial review of QASA has been refused by the High Court. The Court has decided that there was 'no reasonable prospect of successfully challenging' the conclusions in the judgment of the judicial review and that there is 'no other compelling reason for granting permission' to appeal.

"The Court has ordered the claimants to pay £112,500 towards the costs incurred by the Legal Services Board and £37,500 towards the costs of the BSB. 

"The Claimants have been given until 7 February 2014 to renew their application for permission to the Court of Appeal.

"We hope advocates will respect the Court's decision and understand that it is our duty to implement a quality assurance scheme. We hope we can now work together in implementing the Scheme so that it best meets the needs of those we are all striving to serve - the client and the public."  

ENDS


Notes to editors 

Reasons for the decision (from the Order)

"We came to the clear view that the arguments advanced by the Claimants were simply not made out and that the LSB (along with the regulators) were entitled to conclude both that concerns about advocacy standards required regulatory action and that the scheme proposed was within its powers, not flawed by illegality or irregularity and was proportionate. In relation to this application, we consider that there is no reasonable prospect of successfully challenging these conclusions and no other compelling reason for granting permission: professional concern about the impact of QASA may have justified commencing these proceedings but does not, in our view, justify them being taken further."

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