SRA Handbook

Cause for preventing admission following issue of a certificate of satisfaction, and review of such a decision

Version 21 of the Handbook was published on 06/12/2018. For more information, please click 'History' Above

Regulation 8: Cause for preventing admission following issue of a certificate of satisfaction, and review of such a decision

8.1

If, after we issue a certificate of satisfaction but before your admission, cause is shown in writing to our satisfaction that you should not be admitted, we shall not admit you as a solicitor and we shall notify you of our decision in writing.

8.2

You may within one month of receiving notification of our decision, ask for the matter to be reviewed.

8.3

In such a case, except where you have established eligibility under regulation 4 of the QLTR or regulation 2 of the QLTSR, pursuant to Directive 2005/36/EC or the Establishment Directive, you may appeal under this regulation to the High Court, which may:

(a)

affirm our decision;

(b)

direct us to admit you as a solicitor; or

(c)

make such recommendations to us as the High Court thinks fit.

8.4

If you have been certified eligible pursuant to Directive 2005/36/EC you have the right, within three months of receiving notification of our decision, to appeal to the High Court under regulation 36 of the European Communities (Recognition of Professional Qualifications) Regulations 2007 against:

(a)

our decision under regulation 8.1 above not to admit you as a solicitor; or

(b)

our refusal to reverse that decision on a review under regulation 8.2 above.

8.5

If you have been certified eligible pursuant to the Establishment Directive, you have the right, within three months of receiving notification of our decision, to appeal to the High Court under regulation 35 of the European Communities (Lawyer's Practice) Regulations 2000 against:

(a)

our decision under regulation 8.1 above not to admit you as a solicitor; or

(b)

our refusal to reverse that decision on a review under regulation 8.2 above.

8.6

An appeal under regulation 8.3 above must be brought within three months of the applicant receiving notification of our decision on the review.

8.7

You may make up to three applications to us to reverse our decision not to admit you as a solicitor, after intervals of not less than twelve months from the final determination as to the initial decision, or from the final determination of your previous application for review, as the case may be.

8.8

Within three months of receiving notification from us of our decision on an application to reverse the decision not to admit you as a solicitor, you may appeal under this regulation to the High Court, which may:

(a)

affirm our decision;

(b)

direct us to admit you as a solicitor; or

(c)

make such recommendations to us as the High Court thinks fit.