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QASA challenge fails

25 June 2015
Issue: 7658 / Categories: Legal News
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The Supreme Court has unanimously dismissed an appeal against the Legal Services Board over its plans to force criminal advocates, including QCs, to take part in an accreditation scheme.

The Quality Assurance Scheme for Advocates provides for the assessment of criminal advocates, with full accreditation at the upper levels depending on an assessment as “competent” by a trial judge.

Criminal barristers sought judicial review on the basis the LSB’s decision to introduce the scheme breached the part of the Provision of Service Regulations 2009 which implement Directive 2006/123/EC on services in the internal market. The Directive stipulates that authorisation schemes must be justified in the public interest and that “the objective pursued cannot be attained by means of a less restrictive measure”.

Giving their judgment in R (on the application of Lumsdon) v LSB [2015] UKSC 41, Lord Reed and Lord Toulson said the Board’s judgment that the level of risk presented by a self-certifying scheme was unacceptable did not fall outside the appropriate margin of appreciation given to member states.

Issue: 7658 / Categories: Legal News
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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
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Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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