Ogun, R (On the Application Of) v Solicitors Regulatory Authority [2019] EWHC 1792 (Admin) (20 June 2019)

Ogun, R (On the Application Of) v Solicitors Regulatory Authority [2019] EWHC 1792 (Admin) (20 June 2019)

The regulations and guidance clearly require a two-stage application process: initial eligibility and a formal application for the grant of the qualification after passing the advocacy assessment. The claimant failed to make the required formal application and therefore was not entitled to the qualification. The SRA's decision was lawful and rational.

Citation
[2019] EWHC 1792 (Admin)
Parties
Claimant: Akindele Ogun; Defendant: Solicitors Regulatory Authority
Jurisdiction
England and Wales
Judgment Date
20 June 2019
Procedural Posture
Judicial Review / Final Judgment After Permission Granted
Outcome
Claim dismissed
Legal Topics
Higher Courts (civil Proceedings) Qualification, Solicitors' Rights of Audience, Judicial Review of Regulatory Decisions, Costs in Judicial Review
Administrative Law Professional Regulation Higher Courts (civil Proceedings) Qualification Solicitors' Rights of Audience Judicial Review of Regulatory Decisions Costs in Judicial Review

Case Brief

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Parties

Akindele Ogun

Claimant

Solicitors Regulatory Authority

Defendant

Procedural Posture

Judicial Review / Final Judgment After Permission Granted

Legal Issues

  1. 1 Whether the claimant was entitled to the Higher Courts (Civil Proceedings) qualification without a formal application to the Law Society after passing the advocacy assessment
  2. 2 Interpretation of regulation 6(3) of the Higher Courts Qualification Regulations 2000
  3. 3 Whether the SRA's decision was irrational or incompatible with the regulations

Ratio Decidendi

The regulations and guidance clearly require a two-stage application process: initial eligibility and a formal application for the grant of the qualification after passing the advocacy assessment. The claimant failed to make the required formal application and therefore was not entitled to the qualification. The SRA's decision was lawful and rational.

Court Disposition

Claim dismissed

Orders

  • Claim for judicial review dismissed
  • Permission to appeal refused