CBA launches judicial review against QASA

The Criminal Bar Association has launched a judicial review against the quality assurance scheme for advocates (QASA).

Announcing the move, the CBA's chairman, Nigel Lithman QC, said: "As the Criminal Bar all wear the badge that says 'No to QASA' on their lapels or in their hearts, this is an inevitable step, albeit of course success is not guaranteed."

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

The judicial review is aimed at the LSB, with the BSB and SRA as interested parties. According to the CBA, QCs Dinah Rose and Tom De La Mare have agreed act pro bono, along with solicitors Baker McKenzie.

In a statement on the CBA's website, Lithman said: "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 added that time was of the essence and it became clear that any legal challenge had to be issued in the first week in September.

A spokesman for the LSB said: "The LSB will respond to the judicial review in line with established procedures and will make every effort to limit the cost exposure of the legal profession to this action on behalf of the criminal bar."

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