Bar Qualification Rules

BSB Handbook

Rule Q35 Where provision is made under this Section for a review by the BSB of a decision, any request for such a review must be accompanied by:

.1    a copy of any notice of the decision and the reasons for it received by the person requesting the review (“the applicant”);

.2    where the decision is a decision of an Inn or the ICC, copies of all documents submitted or received by the applicant which were before the Inn or the ICC;

.3    any further representations and evidence which the applicant wishes the BSB to take into account; and

.4    payment of such fee or fees as may be prescribed.

Rule Q36 Where the decision under review is a decision of an Inn, the BSB will invite the Inn to comment on any further representations and evidence which the applicant submits under Rule Q35.3.

Rule Q37 On a review under this Section the BSB:

.1    may affirm the decision under review or substitute any other decision which could have been made on the original application;

.2    may in an appropriate case reimburse the fee paid under Rule Q35.4; and

.3    will inform the applicant and any other interested person of its decision and the reasons for it.

Rule Q38 Where provision is made under this Section for a review of a decision by the BSB, this review may be delegated to an Independent Decision-Making Panel, where specified by the BSB.

Rule Q39 Where under this Section provision is made for a review by the BSB of a decision, no appeal may be made to the High Court unless such a review has taken place.

Rule Q40 An individual who is adversely affected by a decision of the BSB under Section B.2 may appeal to the High Court against the decision

Overview

1) Any appeal to the High Court, in line with Rules Q39 and Q40, must be made in accordance with the Civil Procedure Rules.

2) Any appeal to the High Court must be filed within 21 days of notification of the decision to be appealed (ie the date of the relevant decision letter).

Appeal Hearings

3) If the matter goes to an appeal hearing, this will ordinarily take place in public at the Royal Courts of Justice and the case will be listed in the ‘Daily Cause List’. This will give details of the court room and the time at which the hearing will start.

4) All parties are entitled to be represented at the appeal hearing, and in nearly all cases the BSB will appoint a barrister to represent the BSB at the hearing and assist with the pre-hearing preparation.

5) Any individual who wishes to submit an appeal and requires reasonable adjustments to assist them with making, or progressing, an appeal due to a disability should contact the Administrative Court as soon as possible to discuss their needs:

6) The decision of the High Court is final and therefore no appeal lies against its decision (except to the Court of Appeal in the event of a decision to disbar a barrister).