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Commercial Barristers Fear QC Selection Panel Will Be Biased

by Robin Pilgrim, LawAndTax-News.com, London

09 May 2005

Commercial barristers in the UK are concerned that the make-up of the QC selection panel, unveiled last month, may put them at a disadvantage compared to their peers.

According to reports, of the nine panel members, just one has a commercial background.

"The concern of the Chancery and commercial bar is that [the panel] does not have a strong representation from people who know what we do," an unnamed senior clerk told the Legal Week news service.

Commercial barristers are also reportedly fearful that their relative lack of exposure to judges will adversely affect their chances of QC selection, as the new guidelines call for as many as 12 references from judges that applicants have appeared before over a 2 year period, but commercial barristers do not go before as many judges as their counterparts in family and criminal law.

However, treasurer for the Commercial Bar Association, Robin Knowles told Legal Week that there had been a misunderstanding on the latter issue.

"In every case only four referees will be taken, so the person with 12 judicial referees will be in no better (a) position," he explained, going on to add that:

"No area of practice has anything to fear...The panel's role is to weigh independently and fairly the evidence assembled."

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