BSB presses on with preparation for QASA

The Bar Standards Board has defended its stance on QASA, the quality assurance scheme for advocates, following a judicial review application against the scheme last week by the Criminal Bar Association (CBA).

The CBA made the application on 9 September against the Legal Services Board, drawing in the BSB as an interested party.

"QASA has been the subject of extensive consultation," the BSB said in a statement, before adding that it had already started work in preparation for the scheme's roll out on 30 September before the case was started.

Successful roll out of the scheme, which has been mired in controversy since an early version was first agreed in October 2011, could also be threatened by boycott, with several circuits warning they will not sign up to it.

But the Bar's regulator said it would press on with preparatory work for the launch of QASA at the end of the month, as the CBA has not applied for a stay of action.

"The parties have agreed a timetable which will mean that if permission is granted for judicial review, the case can be heard and decided well before any assessments are in fact made and indeed before the first phase of registration ends," it said.

"Having considered the matter carefully the BSB will continue with the preparatory work for QASA, which includes opening the scheme for registration on 30 September in the Midland and Western circuits."

The scheme is due to open for registration in other circuits next year, starting with the South Eastern circuit from 10 March until 13 June 2014, and the Northern, North Eastern, Wales and Chester Circuits from 30 June until 3 October 2014.

QASA, which all criminal advocates will have to comply with, was approved by the LSB in July after tense negotiation between the BSB, the Solicitors Regulation Authority and Ilex Professional Standards.

The QASA handbook, which explains how the scheme will work in practice, was published the following month, two months later than planned.

CBA's chairman Nigel Lithman QC said the judicial review was "an inevitable step, albeit of course success is not guaranteed."

"The well-argued submissions by the criminal Bar on the problems inherent in the proposed QASA scheme fell on 'deaf ears' as our regulators determined to plough ahead and impose it in its entirety.

"During the early summer Mike Turner QC therefore consulted solicitors and counsel, specialist practitioners in public law, for advice on the legality of the scheme.

"They advised that QASA was open to legal challenge for reasons far broader and fundamental than the legitimate objections already raised by the criminal Bar."

Lithman said he would seek the support of the circuits for the challenge.