SRA Handbook

Appeals, and suitability

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Version 5 of the Handbook was published on 01/10/2012. For more information, please click 'History' Above

Part 3: Appeals, and suitability

Regulation 6: Review of decisions on eligibility

6.1

Subject to regulation 4.2, if you seek to establish eligibility under regulation 2 (including regulation 5) you may, within one month of receiving notification from us of:

(a)

any decision to refuse to issue a QLTS certificate of eligibility; or

(b)

(under regulation 3.3) any decision to require you to pass one or more of the QLTS assessments;

ask for the application to be reviewed.

6.2

Where you are seeking to establish eligibility (other than pursuant to Directive 2005/36/EC or the Establishment Directive) and we have:

(a)

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

(b)

determined not to reverse that refusal on review;

you have the right, within three months of receiving notification or deemed notification from us of our decision on the review, to appeal to the High Court under regulation 3 of the SRA Admission Regulations.

6.3

Where you are seeking to establish eligibility pursuant to Directive 2005/36/EC and we make a decision in respect of that application you have the right, within four months of receiving notification or deemed notification of our decision, to appeal to the High Court under regulation 36 of the European Communities (Recognition of Professional Qualifications) Regulations 2007.

6.4

Where you are seeking to establish eligibility pursuant to the Establishment Directive and we:

(a)

fail to take a decision on the initial application and notify it to you within four months of receipt of all the relevant documents;

(b)

refuse the initial application; or

(c)

have determined not to reverse that refusal on a review;

you have the right, within three months of receiving notification or deemed notification of our decision, to appeal to the High Court under regulation 35 of the European Communities (Lawyer's Practice) Regulations 2000.

Guidance note

(i)

Deemed notification in regulation 6 is:

(a)

the date on which the communication is delivered to or left at your last notified address or is sent electronically to your last notified email address or fax number;

(b)

for recipients in the EEA or Switzerland, seven days after the communication has been sent by post or document exchange to your last notified contact address; or

(c)

or recipients outside the EEA or Switzerland, 14 days after the communication has been sent by post or document exchange to your last notified contact address.

Regulation 7: Character and suitability of prospective solicitors

7.1

If we have granted you a QLTS certificate of eligibility under regulation 2, and at any time we are not satisfied as to your character and suitability to become a solicitor, we may on such terms as we determine prohibit any attempt at any or all of the QLTS assessments.

7.2

If we impose a prohibition under regulation 7.1, you may within one month of receiving notification or deemed notification from us of our decision, ask for the matter to be reviewed.

7.3

If you have been authorised to apply other than pursuant to Directive 2005/36/EC, you have the right to appeal to the High Court under regulation 3 of the SRA Admission Regulations within three months of receiving notification or deemed notification from us of our decision on a review under regulation 7.2.

7.4

If you have been authorised to apply pursuant to Directive 2005/36/EC, and we:

(a)

prohibit any attempt at any or all of the QLTS assessments under regulation 7.1; or

(b)

refuse to lift that prohibition on your application for review;

you have the right, within four months of receiving notification or deemed notification of our decision, to appeal to the High Court under regulation 36 of the European Communities (Recognition of Professional Qualifications) Regulations 2007.

7.5

You may make up to three applications to us to remove a prohibition after intervals of not less than 12 months from the final determination as to the imposition of the prohibition, or from the final determination of your previous application for review, as the case may be.

7.6

You have the right to appeal to the High Court under regulation 3 of the SRA Admission Regulations within three months of receiving notification or deemed notification from us of our decision on an application for the removal of a prohibition under 7.5.

Guidance note

(i)

For further information please consult the Suitability Test.

(ii)

For deemed notification guidance, please see the guidance note under regulation 6.