SRA Handbook

Appeals

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Version 11 of the Handbook was published on 01/10/2014. For more information, please click 'History' Above

Part 2: Appeals

Regulation 2: Appeals against our decisions on eligibility to commence recognised training and certificates of eligibility for overseas lawyers

2.1

If you are an applicant for assessment of a character and suitability issue under regulation 6 of the SRA Training Regulations - Qualification and Provider Regulations, whose application has been refused under regulation 6.4 of those regulations, you may appeal to the High Court under this regulation against our decision on a review of the application under regulation 17.1 of the SRA Training Regulations - Qualification and Provider Regulations.

2.2

If you are seeking to establish eligibility under regulation 4 of the QLTR or regulation 2 of the QLTSR other than pursuant to Directive 2005/36/EC or the Establishment Directive, you may appeal to the High Court under this regulation against our decision on a review under regulation 16(1) of the QLTR, or, where appropriate, regulation 6.1 of the QLTSR, where we have:

(a)

refused your initial application on the ground that you are not suitable to be admitted as a solicitor; and

(b)

refused to reverse that decision on the review.

2.3

If you are seeking to establish eligibility pursuant to Directive 2005/36/EC or the Establishment Directive, you have rights of appeal under regulation 36 of the European Communities (Recognition of Professional Qualifications) Regulations 2007 or regulation 35 of the European Communities (Lawyer's Practice) Regulations 2000 respectively - see 16(3) and (4) of the QLTR or, where appropriate, regulations 6.3 and 6.4 of the QLTSR.

2.4

An appeal under regulation 2.1 or 2.2 above must be brought within three months of you receiving notification of our decision.

2.5

On an appeal under regulation 2.1 or 2.2 above, the High Court may:

(a)

affirm our decision;

(b)

direct us to grant eligibility to commence or continue a period of recognised training, or to issue a certificate of eligibility, as the case may be; or

(c)

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

Regulation 3: Appeals against our decisions arising from character and suitability issues

3.1

If you are an unadmitted person, you may appeal to the High Court under this regulation against our decision:

(a)

on an application under regulation 17.1 of the SRA Training Regulations Qualification and Provider Regulations for review of a refusal to recognise a period of training or eligibility to commence or continue recognised training;

(b)

if you have been certified eligible under regulation 4 of the QLTR or regulation 2 of the QLTSR other than pursuant to Directive 2005/36/EC, on an application under regulation 17(2) of the QLTR, or regulation 7.2 of the QLTSR, for review of the imposition of a prohibition or sanction;

(c)

on an application under regulation 17(5) of the QLTR, or regulation 7.5 of the QLTSR, for removal of a prohibition or sanction.

3.2

If you are an unadmitted person who has been certified eligible pursuant to Directive 2005/36/EC, you have rights of appeal under regulation 36 of the European Communities (Recognition of Professional Qualifications) Regulations 2007 against:

(a)

prohibition of an attempt at the QLTT, or any attempt at any or all of the assessments under QLTSR; or

(b)

refusal to lift that prohibition on an application for review;

(c)

see regulation 17(4) of the QLTR or 7.4 of the QLTSR.

3.3

An appeal under:

(a)

regulation 3.1(a) or (b) above must be brought within three months of you receiving notification of our decision on the review;

(b)

regulation 3.1(c) above must be brought within three months of you receiving notification of our decision on the application for removal of the prohibition or sanction.

3.4

On any appeal under regulation 3.1 above, the High Court may:

(a)

affirm our decision;

(b)

direct us to grant eligibility to commence a period of recognised training, or to issue a certificate of eligibility, as the case may be; or

(c)

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