FAQ for Potential Applicants
I am not a high court advocate but can demonstrate excellence in other courts. Can I apply for appointments as a QC?
You must either:
(a) Have been called to the Bar of England and Wales and hold a current practicing certificate; or
(b) Be a solicitor of the Supreme Court of England and Wales, and hold higher court rights of audience under the Courts and Legal Services Act 1990 and a current practicing certificate.
The Selection Panel is looking for excellence in the deomstration of the competencies in cases of substance, complexity, or particular difficulty or sensitivity. In general such cases will be in the High Court or more senior court, Crown Court, planning inquiry, tribunal, arbitration or other comparable forum where Silks may practice from time to time. The Selection Panel recognises that practices vary considerably and will consider each application on its merits. There is further information in the Guidance for Applicants. If you are in any doubt, please consult the Secretariat. The Selection Panel particularly welcomes applications from under represented groups inclusing women, practitioners from the Black and ethnic minorities, solicitor advocates and employed advocates.
Please download the Guidance for Applicants for more information.
Will there be a quota for appointments in the next competition?
No. The process is designed to slect those applicants who demonstrate excellence in advocacy (written or oral) in the higher courts. There is no quota overall or for different groups of applicants.
I applied last year but was unsuccessful. Will the evidence received by the Selection Panel, or the decision made, have any effect on any application I may make in the future?
If you have applied before, your new application will be treated like any other application in future competitions. QCA (Queen’s Counsel Appointments) will not refer back to any previous applications, self-assessment, assessors (referees), or assessments (references) received on any previous occasion. All assessments will be sought anew.
Why is the application form so lengthy?
Four pages relate to essential personal or practice information. Eight pages allow the applicant to explain the nature of their practice to the Selection Panel and why they are suitable for Silk. Two pages provide for information about issues which may impact on the application but will not apply to many applicants.
Apart from a signature page, the remaining pages provide contact and case information about the people whom the applicant is naming as an assessor.
I have named all the assessors I wish to from my 12 important cases, but this does not amount to the full complement of assessors, should I go on and name other assessors?
[Paragraphs 40.1, 41.1, 42.1 of the Guidance for Applicants] For the avoidance of doubt, if in any of the judicial, practitioner or client categories, you have space for further assessors after you have named the assessors in relation to your 12 important cases (see paragraph 32.2), please give the names of further assessors whom the Panel can approach about your demonstration of the competencies in cases of substance, complexity, or particular difficulty or sensitivity.
Should I contact those I have listed as possible assessors/referees about my application?
You do not have to tell any of your assesors that you have named them. However, it is recommended that you ask an assessor whom you propose to nominate (please refer to the Guidance for Applicants for the meaning of this) whether he or she is prepared to give an assessment. You may inform any of those listed in your application form that they have been included in your lists, but if you do then you should explain that, except in the case of first nominated assessors, it will be for the Selection Panel to decide on the assessors from whom assessments will be sought.
Do arbitrator assessors need to be, or have been, a judge, barrister or solicitor in England or Wales?
If the arbitration tribunal took place in whole or part in England and Wales, or if the arbitration tribunal took place outside of England and Wales in accordance with English law, the arbitrator (whatever their background) may provide a jusidical assessment. However, if the arbitration took place outside of England and Wales and was not in accordance with English law, then the arbitrator is only acceptable as a judicial assessor if they are, or have been, a judge, barrister or solicitor in England and Wales.
My practice is mainly based on written advocacy and I rarely engage in oral advocacy. I can really only complete “Preparation” in Competency B (Oral and written advocacy).
When considering Competency B (Oral and written advocacy) the Panel will be looking both at the preparatory and the resolution (in court or otherwise) aspects of advocacy. Complete the self assessment parts of the form on each of Preparation and Court and/or resolution – as far as possible. The Selection Panel takes account of the different types of practice. Please identify relevant information and the best available assessors who know your advocacy personally.
I rarely go to court and cannot provide many judicial assessors.
Please identify the best available assessors who know your advocacy (whether writen or oral) personally. However, we do expect assessors to be named in each of the judicial, practitioner and client categories.
Who can I name as an assessor?
Any assessor should be someone well places by knowledge and experience of Silk and the English legal system to provide high quality evidence on a applicant’s demonstration of the competencies. Detailed advice is provided in the Guidance for Applicants. If you are still uncertain, please consult the Secretariat.
I would like to name an assessor who falls into two categories, as I have appeared alongside them as a practitioner and before them when they sat as a judge, should I name them twice?
No. You should only name a individual the once and when deciding the category in which to name them, be led by the capacity in which they have seen you the most and the weight of the cases involved. It would be sensible to mention that the assessor has had the opportunity to observe you from different assessor categories and you may list the cases from each category on the same form, if they are ones of substance and complexity.
Because of the nature of my practice, it is difficult for me to provide sufficient examples of Competency D (Diversity) arising from my cases. Can I use examples from other aspects of my professional life as an advocate?
Yes, you can. Examples may be drawn not only from an applicant’s cases, but also from the other aspects of their professional life, for example work on chambers committees or as a pupil master. All competencies are intended to be potentially demonstrable by any applicant, whatever his or her practice. Diversity is not limited to differences in the generally accepted categories of disability, race, gender and sexual orientation, but may include differences in religion, cultural background, age, professional or educational background and other features.
The Panel will judge how far an applicant meets the competencies as described by the passage in italics in the competency framework: Demonstrates an understanding of diversity and cultural issues, and is proactive in addressing the needs of people from all backgrounds and promoting diversity and equality of opportunity. The other statements listed under the competency heading are examples intended only to assist applicants and others.
The form has space for considerably more than 400 words for each competency – is it aceptable to fill the space on the form?
The Panel wish to treat all applicants equally. We do not as a mater of course count all the words precisely, but applicants should seek to keep within the spirit if ‘around 400 words’. We will not reject an application which exceeds the 400 word mark, but in considering the application the Selection Panel may have regard to the fact that the limit has been markedly exceeded. The size of the box allows applicants to present their text with spacing, but only the text that appears within the box will print.
In respect of Competency B (Oral and written advocacy) can 400 words be used for preparation and 400 words for resolution (pages 9 & 10 of the application form)?
Yes, around 400 words can be used for the preparation and resolution aspects of advocacy.