QC appointments slip to all time low with 84 made up
27 February 2013 | By Katy Dowell
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The number of barristers being awarded Queen’s Counsel status is on a downward trajectory with just 84 taking silk in the latest round, the lowest number since the system was reviewed in 2006.
In the last seven years the highest number of successful applicants came in 2005/06, when 175 took silk after 443 applied. Since then the number has fallen dramatically. Last year, of the 214 applicants 88 were successful compared with 84 from 183 applications this year (for a full break-down see table below).
Counsel were informed of their fate yesterday in a letter from the QC appointments committee, which is chaired by Helen Pitcher.
She said: “The selection process is an exacting one. We collect confidential assessments from judges, fellow advocates and professional clients, all of whom will have seen the applicant at work. Applicants are also interviewed by two members of the panel. The whole panel then discusses the evidence on each applicant.”
Of those awarded the coveted status, 14 are female, the equivalent of 54 per cent of the women who applied, while just three applicants declared their ethnic background to be non-white.
One solicitor-advocate made the grade, with Skadden Arps Meagher & Flom partner Karyl Nairn taking silk. Nairn, who was listed in The Lawyer’s Hot 100 for 2013 (28 January 2012), was a key figure in the defence of Roman Abramovich when he was sued by rival oligarch Boris Berezovsky.
The application process was shaken up in 2006 when the panel shifted to a competency-based system. This means that, rather than filling a quota, silks are promoted on an even basis, with everyone filling in the same form and being required to meet the same criteria.
Applicants are required to pay just under £2,000 to take part in the process and must source 12 judicial referees to help support their 70-page application.
Each applicant must then choose a small number of cases that reflect standards of excellence across six areas of competency: understanding and using the law; written advocacy; oral advocacy; working with others; diversity; and integrity.
Those who get through to the interview stage are quizzed by a senior member of the profession and a lay member of the public about their experience and how it fits with those key competencies.
How this year’s application numbers compare with previous years’:
| Year | Number of applicants | Number of successful applicants |
| 2012/13 | 183 | 84 |
| 2011/12 | 214 | 88 |
| 2010/11 | 251 | 120 |
| 2009/10 | 275 | 129 |
| 2008/09 | 247 | 104 |
| 2007/08 | 333 | 98 |
| 2006/07 | 443 | 175 |
This year’s silk list in full:
| Name | Chambers | Year of call | Specialism |
| Mark Warwick | Selborne | 1974 | Property |
| David Bentley | Doughty Street | 1984 | Crime |
| Timothy Dutton | Maitland | 1985 | Property |
| Caroline Harrison | 2 Temple Gardens | 1986 | Clinical negligence |
| Michelle Stevens-Hoare | Hardwicke | 1986 | Property |
| Anthony Metzer | Argent | 1987 | Civil |
| Mark Arnold | 3-4 South Square | 1988 | Commercial |
| Sally Hatfield | Byrom Street | 1988 | Clinical negligence |
| Edward Pepperall | St Philips | 1989 | Commercial |
| Fiona Sinclair | Four New Square | 1989 | Commerce and construction |
| Graham Brodie | 33 Chancery Lane | 1989 | Civil and criminal |
| Joseph Stone | Doughty Street | 1989 | Criminal defence and human rights |
| Kevin Rutledge | Cornerstone Barristers | 1989 | Local authorities and social housing |
| Mark Wonnacott | Maitland | 1989 | Property |
| Parmjit Cheema | 2 Hare Court | 1989 | Crime |
| Peter Kirby | Hardwicke | 1989 | Commercial |
| William Hughes | 9-12 Bell Yard | 1989 | Crime |
| David Williams | 4 Paper Buildings | 1990 | Family |
| Hugh Davies | 3 Raymond Buildings | 1990 | Crime |
| James Turner | Quadrant | 1990 | Commercial and shipping law |
| Michael Auty | 1 High Pavement | 1990 | Crime |
| Nicholas Randall | Devereux | 1990 | Sport, employment and pensions |
| Andrew Hitchmough | Pump Court Tax | 1991 | Capital tax, corporation tax |
| Keith Bryant | Outer Temple | 1991 | Employment and pensions |
| Nigel Eaton | Essex Court | 1991 | Commercial |
| Sasha White | Landmark | 1991 | Environmental and planning |
| Stephanie Harrison | Garden Court | 1991 | Public and admin |
| David Blayney | Serle Court | 1992 | Commercial |
| David Herbert | 36 Bedford Row | 1992 | Crime |
| Gavin Mansfield | Littleton | 1992 | Employment |
| Hefin Rees | 39 Essex Street | 1992 | Commercial and construction |
| Jessica Simor | Matrix | 1992 | EU, competition, public law |
| John de Waal | Hardwicke | 1992 | Chancery and Commercial |
| John Hayes | Zenith | 1992 | Family |
| John Jones | Doughty Street | 1992 | Extradition, war crimes and counter-terrorism |
| Jonathan Southgate | 29 Bedford Row | 1992 | Family |
| Justin Rushbrooke | 5RB | 1992 | Defamation and privacy |
| Micheal Ford | Old Square | 1992 | Employment |
| Oliver Saxby | Six Pump Court | 1992 | Crime |
| Fionnuala McCredie | Keating | 1992 | Construction and engineering |
| Christopher Daw | Lincoln House | 1993 | Crime and fraud |
| David Quest | 3 Verulam Buildings | 1993 | Banking and finance |
| John Lloyd-Jones | 36 Bedford Row | 1993 | Crime |
| John Taylor | Fountain Court | 1993 | Banking and finance |
| Kristina Montgomery | St Philips | 1993 | Crime |
| Matthew Nicklin | 5RB | 1993 | Defamation |
| Michael Hayton | Deans Court | 1993 | Crime |
| Richard Booth | One Crown Office Row | 1993 | Clinical negligence and professional discipline |
| Richard Harwood | 39 Essex Street | 1993 | Environment and planning |
| Richard Jory | 9-12 Bell Yard | 1993 | Crime and fraud |
| Thomas Crowther | Apex | 1993 | Crime |
| Thomas Grant | Maitland | 1993 | Commercial chancery |
| Christopher Boyle | Landmark | 1994 | Planning |
| James Potts | Erskine | 1994 | Company |
| Jason Coppel | 11KBW | 1994 | Public and procurement |
| Jonas Hankin | St Philips | 1994 | Crime |
| Jonathan Davies-Jones | 3 Verulam Buildings | 1994 | Banking and finance |
| Jonathan Jones | No 5 | 1994 | Clinical negligence |
| Karl Rowley | St Johns Buildings | 1994 | Children |
| Patrick Way | Grays Inn Tax | 1994 | Tax |
| Geraint Webb | Henderson | 1995 | Commercial |
| Kassie Smith | Monckton | 1995 | Competition and regulatory |
| Michael Collett | 20 Essex Street | 1995 | Commercial |
| Roger Masefield | Brick Court | 1995 | Commercial |
| Sa’ad Hossain | One Essex Court | 1995 | Commercial |
| Stephen Houseman | Essex Court | 1995 | Commercial |
| Camilla Bingham | One Essex Court | 1996 | Company and Commercial |
| Danny Friedman | Matrix | 1996 | Public international |
| James Maurici | Landmark | 1996 | Planning and environment |
| James Strachan | 39 Essex Street | 1996 | Public and administration |
| Jasbir Dhillon | Brick Court | 1996 | Banking and finance |
| Jeremy Goldring | South Square | 1996 | Commercial and administration |
| Jonathan Glasson | Matrix | 1996 | Civil and criminal |
| Lucy Frazer | South Square | 1996 | Insolvency and commercial |
| Stephen Cragg | Doughty Street | 1996 | Human rights |
| Charles Dougherty | 2 Temple Gardens | 1997 | Commercial |
| Jonathan Adkin | Serle Court | 1997 | Commercial |
| Martin Chamberlain | Brick Court | 1997 | Public and admin, human rights |
| Paul Key | Essex Court | 1997 | Commercial |
| Samuel Wordsworth | Essex Court | 1997 | International |
| Elizabeth Isaacs | St Ives | 1998 | Family |
| Richard Wright | No 6 Park Square | 1998 | Crime |
| Andrew Henshaw | Brick Court | 2000 | Commercial |
| Karyl Nairn | Skadden | N/A | Arbitration |
View results 10 per page | 20 per page
Readers' comments (14)
Anonymous | 27-Feb-2013 7:16 am
What's this about a "quota" under the old system? There never was a quota.
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Anonymous | 27-Feb-2013 10:40 am
The Silk appointments system is no longer a good determinant of ability. The system has been "cracked" by consultants who tell candidates what to put on their forms; they then pretty much guarantee success. If the QCA are to retain any credibility then they must introduce an examination filter; as is now universally used for appointments to Recorder and Deputy District Judge. In terms of numbers, it is telling that the Hong Kong Bar which is about 15% of the size of the English Bar, only recruits 3 Silks each year. If QC is to remain a badge of excellence urgent reform is needed.
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Rumpole | 27-Feb-2013 11:33 am
@Anonymous | 27-Feb-2013 10:40 am - I think you are mistaken. The HK bar is notoriously protectionist. Also, anyone with half an ounce of knowledge of the Bar here will look down the list and spot any number of extremely talented practitioners. And as someone who knows a number of applicant who have used consultants to assist with applications, I can assure you that they are no guarantee of success!
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petro | 27-Feb-2013 1:10 pm
Sa’ad Hossain - top quality and a really nice bloke. Well deserved.
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City Lawyer | 27-Feb-2013 1:46 pm
With the exception of a maybe one handful, a mediocre/solid bunch at best elevated this year. It never ceases to amaze me that top flight senior juniors, who have effectively had a "Silks" practice for years, and are undoubted leaders in their fields, get turned over year on year.
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Anonymous | 27-Feb-2013 2:28 pm
City Lawyer, this isn't a "mediocre" list (and I am not on it, btw).
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Anonymous | 27-Feb-2013 4:40 pm
Who will be looking to move chambers?
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Radar | 27-Feb-2013 5:07 pm
City Lawyer at 1.46pm is hilarious. He is obviously a failed Senior Junior in disguise. How long have you been in the Seven Stars this afternoon ? ;-)
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Anonymous | 27-Feb-2013 9:21 pm
City lawyer, get back in your box. There are many stellar barristers on here. Richly deserved recognition and status for their skills at the bar.
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City Lawyer | 27-Feb-2013 10:46 pm
In response to Radar, at 5.07, I am a Senior Associate Insurance litigator, at a top 20 firm, not a Barrister!?
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