The appellant, barristers and solicitors, challenged the respondent’s approval of alterations to their regulatory arrangements, under Part 3 of Schedule 4 to the 2007 Act. The alterations gave effect to the Quality Assurance Scheme for Advocates providing for the assessment of the performance of criminal advocates in England and Wales by judges. They now appealed against rejection of their argument that the decision was contrary to the 2009 Regulations.
Held: The appeal failed. The Quality Assurance Scheme for Advocates for criminal practitioners both complied with the reuirements imposed by European law, and was both proportionate and lawful.
The origin of the scheme had been concern at the law standards of some advocates, and a requirement for accreditation though judicial assessment was rational.
Lord Reed and Lord Toulson: ‘Proportionality as a general principle of EU law involves a consideration of two questions: first, whether the measure in question is suitable or appropriate to achieve the objective pursued; and secondly, whether the measure is necessary to achieve that objective, or whether it could be attained by a less onerous method. There is some debate as to whether there is a third question, sometimes referred to as proportionality stricto sensu: namely, whether the burden imposed by the measure is disproportionate to the benefits secured. In practice, the court usually omits this question from its formulation of the proportionality principle. Where the question has been argued, however, the court has often included it in its formulation and addressed it separately, as in R v Minister for Agriculture, Fisheries and Food, Ex p Fedesa (Case C-331/88)  ECR I-4023.’
Lord Neuberger, President, Lady Hale, Deputy President, Lord Clarke, Lord Reed, Lord Toulson
 UKSC 40,  Crim LR 894,  WLR(D) 270,  3 CMLR 42,  HRLR 12,  3 WLR 121,  1 All ER 391, UKSC 2014/0081,  AC 697
Bailii, WLRD, Bailii Summary, SC, SC Summary, SC Video
Legal Services Act 2007, Provision of Services Regulations 2009, Council Directive 2006/123/EC, EU Charter of Fundamental Rights 52(1)
England and Wales
See Also – Lumsdon and Others v Legal Services Board Admn 30-Oct-2013
The claimants, practising barristers and members of the Criminal Bar Association sought a declaration that the Quality Assurance Scheme for Advocates approved by the defendant was unlawful. . .
At First Instance – Lumsdon and Others, Regina (on The Application of) v Legal Services Board Admn 20-Jan-2014
Four barristers challenged, by a judicial review, a decision by which the LSB approved an application proposed by the BSB jointly with two other approved regulators, the SRA and IPS, to introduce the Quality Assurance Scheme for Advocates . .
Appeal from – Lumsdon and Others, Regina (on The Application of) v Legal Services Board and Others CA 7-Oct-2014
The claimants sought to challenge the respondent’s decision to introduce the Quality Assurance Scheme for Advocates.
Held: Arden LJ and Lord Neuberger of Abbotsbury MR analysed the cases as yielding a ‘manifestly inappropriate’ test. They then . .
Cited – Rex v Pritchard 21-Mar-1836
A person, deaf and dumb, was to be tried for a capital felony the Judge ordered a Jury to be impanneled, to try whether he was mute by the visitation of God, the jury found that he was so. The jury were then sworn to try whether he was able to . .
Cited – Regina v Minister of Agriculture, Fisheries and Food and Secretary of State For Health, ex Parte Fedesa and Others ECJ 13-Nov-1990
ECJ 1. Community law – Principles – Legal certainty – Protection of legitimate expectations – Prohibition of the use in livestock farming of certain substances having a hormonal action in the absence of unanimity . .
Cited – Gebhard v Consiglio dell’Ordine degli Avvocati e Procuratori di Milano ECJ 30-Nov-1995
Practice by lawyers in other European jurisdictions were governed by the general principles of freedom of establishment under the Treaty: ‘National measures liable to hinder or make less attractive the exercise of fundamental freedoms guaranteed by . .
Cited – Regina v Secretary of State for Health ex parte British American Tobacco (Investments) Ltd and Imperial Tobacco Ltd ECJ 10-Dec-2002
The respondent sought to transpose the Directive into UK law. The Applicant objected saying that the Directive was invalid.
Held: The Directive had been made under Article 95 EC, concerning the internal market. Insofar as the Directive . .
Cited – British Sugar v Intervention Board for Agricultural Produce ECJ 19-Feb-2004
CJ Agriculture – Common organisation of the markets – Sugar – Regulation (EEC) No 2670/81 – Proof of export – Regulation (EEC) No 3719/88 – Correction of an export licence – Obvious inaccuracy – Principle of . .
Cited – Regina, ex parte International Air Transport Association, European Low Fares Airline Association v Department for Transport ECJ 10-Jan-2006
ECJ Carriage by air – Regulation (EC) No 261/2004 – Articles 5, 6 and 7 -Compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights – Validity – . .
Cited – Bank Mellat v Her Majesty’s Treasury (No 2) SC 19-Jun-2013
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic . .
Cited – Revenue and Customs v Aimia Coalition Loyalty UK Ltd SC 20-Jun-2013
Decisions about the application of the VAT system are highly dependent upon the factual situations involved. The case-law of the Court of Justice indicates that, when determining the relevant supply in which a taxable person engages, regard must be . .
Cited – Jippes and others v Minister van Landbouw, Natuurbeheer en Visserij ECJ 12-Jul-2001
(Judgment) Community law did not recognise the rights of animals as fundamental. The applicant owned animals, which fell to be destroyed as part of a preventive cull to protect against the spread of foot and mouth disease. The animals would not be . .
Cited – Reiseburo Broede v Sandker ECJ 12-Dec-1996
ECJ (Judgment) 1 Freedom to provide services – Restrictions – Whether permissible – Conditions
(EC Treaty, Art. 59)
2 Freedom to provide services – Judicial recovery of debts – Restrictions – . .
Cited – Alliance For Natural Health and Another, Regina (On The Application of) v Secretary Of State For Health and Anor (Approximation Of Laws) ECJ 12-Jul-2005
ECJ Approximation of laws – Food supplements – Directive 2002/46/EC – Prohibition on trade in products not complying with the directive – Validity – Legal basis – Article 95 EC – Articles 28 EC and 30 EC – . .
Cited – Manzanilla Limited v Corton Property and Investments Limited; John MacIver (Southport) Limited; Rootbrights Limited and Halliwell Landau (a Firm) CA 13-Nov-1996
Millett LJ set out the principles applicable to a deposit paid on a land transaction being held by a stakeholder: ”Where a stakeholder is involved, there are normally two separate contracts to be considered. There is first the bilateral contract . .
Cited – Nouazli, Regina (on The Application of) v Secretary of State for The Home Department SC 20-Apr-2016
The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until . .
Cited – Scotch Whisky Association and Others v The Lord Advocate and Another SC 15-Nov-2017
The Association challenged the imposition of minimum pricing systems for alcohol, saying that it was in breach of European law. After a reference to the ECJ, the Court now considered its legality.
Held: The Association’s appeal failed. Minimum . .
Lists of cited by and citing cases may be incomplete.
Legal Professions, European, Human Rights
Updated: 01 January 2022; Ref: scu.549436