SRA Handbook

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

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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.