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FOR IMMEDIATE RELEASE
Wednesday, 24 June 2015

 

LSB welcomes the result of the QASA judicial review

The Supreme Court today dismissed the appeal challenging the lawfulness of the Legal Services Board’s (LSB’s) decision on 26 July 2013, the effect of which was to approve implementation of the Quality Assurance Scheme for Advocates (QASA). Lord Neuberger and his colleagues agreed with the Court of Appeal that a comprehensive assessment scheme was proportionate, and that the LSB was entitled to grant the application made to it.

The ruling supports the LSB’s decision to approve a joint application by the Bar Standards Board (BSB), ILEX Professional Standards (IPS) (now CILEX Regulation) and the Solicitors Regulation Authority (SRA) – as the Joint Advocacy Group (JAG) - to implement a scheme to assure the quality of criminal advocacy.

Chairman of the Legal Services Board, Sir Michael Pitt said:

"I am pleased that the Supreme Court has agreed with the Court of Appeal’s judgment that QASA is proportionate as a scheme, and that the LSB acted lawfully in granting the application made to it.

Throughout this process, there has been consensus about how important competent advocacy is in supporting the rule of law. My firm expectation, now that we have clarity on legality, is that the regulators in JAG will proceed with implementing the scheme to assure the public of the competence of criminal advocates".

ENDS

 

For further information, please contact LSB Communications Manager Vincent McGovern or by calling 020 7271 0068.

Notes for editors:

  1. The Joint Advocacy Group (JAG) announced the agreement of a way forward for a joint scheme to assure the quality of criminal advocacy on 14 December 2012. At its Board meeting on 24 July 2013, the Legal Services Board (LSB) agreed to approve an application from JAG, the effect of which approved implementation of QASA. The LSB published a decision notice to this effect on 26 July 2013.

  2. On 6 September 2013, a claim for judicial review was made by a number of individual practising criminal barristers with the support of the Criminal Bar Association.

  3. The High Court ruled in favour of the Legal Services Board (LSB) in the matter of the Quality Assurance Scheme for Advocates Judicial Review on 20 January 2014. The LSB’s reaction to this decision can be found here.

  4. On 26 March 2014 the Court of Appeal initially refused permission on the papers to appeal the High Court’s decision. This was challenged at an oral hearing on 9 May 2014 and leave to appeal to the Court of Appeal was granted. The appeal was heard between 16 and 18 July 2014.
  5. On 7 October 2014, the Court of Appeal ruled in favour of the LSB, confirming the decision of the High Court. This ruling can be found here.

  6. The claimants sought permission to appeal to the Supreme Court and permission to appeal – solely in relation to an EU law point – was granted on 12 February 2015. The Supreme Court hearing took place on 16 March 2015.

  7. The Legal Services Act 2007 (the Act) created the LSB as a new regulator with responsibility for overseeing the regulation of legal services in England and Wales. The new regulatory regime became active on 1 January 2010.

  8. The LSB oversees nine approved regulators, which in turn regulate individual legal practitioners. The approved regulators, designated under Part 1 of Schedule 4 of the Act, are the Law Society, the Bar Council, the Master of the Faculties, the Chartered Institute of Legal Executives, the Council for Licensed Conveyancers, the Chartered Institute of Patent Attorneys, the Institute of Trade Mark Attorneys, the Association of Costs Lawyers and the Institute of Chartered Accountants in England and Wales.

    In addition, the Institute of Chartered Accountants of Scotland and the Association of Chartered Certified Accountants are listed as approved regulators in relation only to reserved probate activities.

  9. As at 1 April 2015, the legal profession comprised 142,109 solicitors, 326 alternative business structures, 15,237 barristers, 7,848 chartered legal executives and 5,678 other individuals operating in other areas of the legal profession such as conveyancing. The sector is valued at £25.49 billion per annum (total turnover in 2010).