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SRA ditches voluntary High Court rights reforms amid opposition

Author: Claire Ruckin

Published: 18/09/2008 05:52

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The Solicitors Regulation Authority (SRA) has backtracked on its proposals to scrap compulsory higher rights in favour of a voluntary system after strong opposition from the profession.

The regulatory body is to maintain a mandatory system for solicitors wanting to practise as advocates in the High Courts after plans to replace the system with a voluntary accreditation process were slammed by critics, including the College of Law.

The SRA board changed its stance at a meeting earlier this month (4 September).

As reported by Legal Week earlier this summer, the College of Law attacked the SRA’s proposals, which would have in effect allowed any solicitor in England and Wales a right of audience before the courts, on the grounds they would not ensure high enough standards of advocacy.

Stephen Mayson, director of the College’s legal services policy institute, said at the time: “There is a clear case in the public interest — and in the interest of clients —
that those who claim competence in higher courts advocacy should be certified in advance as having demonstrated the appropriate knowledge and skills.”

The SRA acknowledged the opposition and confirmed that it would be working with the Ministry of Justice to bring in the simplified route to accreditation.

The system is set to start from 1 January, 2009 although the higher rights process will come under further review in three years’ time.

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