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QC Rank To Remain Intact - For Now

by Robin Pilgrim, LawAndTax-News.com, London

28 May 2004

It emerged on Wednesday that the rank of Queen's Counsel is to stay, at least on a temporary basis, in the United Kingdom, although the appointment process for the senior legal professionals will be significantly reformed.

Under the plans unveiled this week by Lord Chancellor, Lord Falconer, the Law Society and Bar Council will take over the appointment of new 'Silks', agreeing on a list of suitable QC candidates, and submitting it to the Constitution Secretary.

If he is satisfied, the list will be forwarded to the Queen for her approval.

Lord Falconer, as the head of the Department of Constitutional Affairs (DCA) will retain a veto over appointments, but is not expected to use it, and will not take any part in the selection of candidates.

However, all indications suggest that this may only be a temporary stay of execution for the role of Queen's Counsel. According to reports, the DCA has retained the right to make changes to the plans in the future, and is commissioning an independent study of the arrangement, in addition to the review of legal services regulation currently being undertaken by Sir David Clementi.

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