NEWS
In the pre-reform period, an Oxbridge
graduate who remained in an average
set between their twelfth and thirtyfifth year post call had an expected 57
per cent chance of becoming a QC if
male and 44 per cent chance if female.
In the post-reform period these are
now 52 and 40 per cent respectively,
suggesting very little improvement. Dr
Blackwell explains that the difference in
the appointment rates between genders
may, at least partially, be explained by
differences in application rates between
genders.
He adds: “This may be explained either
by them knowing that they are less
likely to be appointed or by different
attitudes to risk. Whilst the introduction
of a more open and transparent
appointment system might have been
expected to rectify this, it appears not
to have done so.”
He concludes: “Reforms to the QC
appointments system were introduced
to address concerns that the old
system of secret soundings unfairly
disadvantaged groups such a women
and those who were not part of a
well-connected elite, eg non-Oxbridge
graduates. Given this, it is very
surprising that in the post-reform
period the estimated partial effect of
gender remains substantively large.”
Reinstatement
of Shyamji
Krishna Varma
The Inner Temple has decided to
reinstate as a member Shyamji Krishna
Varma (1857-1930), a scholar and
prominent Indian nationalist, who was
peremptorily disbarred in 1909 for
conduct unbecoming a barrister. Varma,
who was educated at Balliol College,
Oxford, established India House in
Highgate, London, as a base for Indian
students studying in England and was
the founder of the Indian Home Rule
Society. He published several articles
critical of British rule in India in the
magazine the Indian Sociologist, which
he founded. He was disbarred in 1909
for conduct unbecoming a barrister
following the publication of a letter
in The Times, in which he protested
the right of his countrymen to free
themselves from British rule and insisted
on his right to erect within India House
a memorial to those whom he described
as Indian martyrs.
Dr Blackwell’s statistics also show that
barristers who are Oxbridge graduates
are more likely to become QCs than
their equivalents who are not Oxbridge
graduates. This disparity has become
even more pronounced post-reform.
The likelihood of becoming a QC is also
highly contingent on the chambers
that barristers are members of: in
the post-reform period small Londonbased chambers are more likely to
produce QCs. For example, for an
Oxbridge educated male barrister, the
estimated probability of becoming a
QC between 12 and 35 years’ call is
98 per cent if they are in the set most
likely to produce QCs, but only 14 per
cent if they are in the set least likely to
produce QCs: a range of 84 per cent.
Dr Blackwell concludes: “Because of
the failure of the QC system to appoint
the best advocates it does not operate
as a perfect kite-mark of quality
for consumers. Nor does it equally
distribute the awards of QC status on
any equitable basis. Finally, it might
be thought to inhibit judicial diversity
by restricting the pool from which
the senior judiciary is traditionally
recruited.”
Suggesting regular reappraisals for
QCs, he adds: “The award of QC status
is effectively for life, which might be
thought to make the claim that it is a
kite-mark of quality dubious.”
Additionally, the award of QC status
might be thought to work against the
interests of justice in the court setting
where one side has appointed a QC but
the other has not. QCs get to wear a
silk gown rather than the “stuff” gown
of junior barristers, and also sit on the
front row of the court rather than those
behind where the junior barristers sit.
He argues that enhancing the status of
an advocate with such honorific devices
violates the notion of equality of arms
that is central to the concept of a fair
trial.
Dr Blackwell notes: “Serious policy
debate about abolishing QC status has
evaporated following the 2004 reforms.
But the research in this article and
additional arguments show there to
be serious issues as to whether the
existence of QC status is in the public
interest. It is hoped that this research
will inform any such future debate.”
For a copy of the paper, please
contact Joanna Bale, LSE Press
Office,[email protected] or