ARTICLE
30 May 2003

Lord Chancellor Considers Role of the QC System

United Kingdom Litigation, Mediation & Arbitration

The Lord Chancellor, Lord Irvine, has announced that he will issue a Consultation Paper before the summer on the future of the QC system. The paper will consider whether there should be a QC system and also various options for reform. The announcement was made on 29 April 2003 at a ceremony to mark the appointment of the new Queen’s Counsel for 2003. He also announced his decision to postpone the application process for QC’s in 2004 until the consultation exercise is complete.

The results of last year’s Consultation Paper "In the public interest" which sought views on the QC system (but not on the fundamental issue of whether it should be retained) were published on 14 May. Some of the responses to that Consultation Paper considered whether or not there should be a QC system. We responded to the Consultation Paper and said that we as a firm were well able to identify the best barristers without the QC mark. We also said, however, that the mark would be useful to others who have less experience at using the Bar. We also identified concerns regarding the effect on the market and on the operation of the current appointment system and said we favoured the setting up of an independent body to assess and award the mark.

On 8 May 2003 the Lord Chancellor’s Department published a new Consultation Paper on court working dress for judges, lawyers and court staff. This paper is said to be "part of an integrated programme of consultation on reform of the judicial system". This will include the consultation over the summer on the future of the QC system, as well as consultation on the Judicial Appointments Commission.

Article by Christa Band

© Herbert Smith 2003

The content of this article does not constitute legal advice and should not be relied on as such. Specific advice should be sought about your specific circumstances.

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