Legal Business

Return to form for Queen’s Counsel as 100 advocates take silk

Latest QC promotions round the largest in three years

In stark contrast with the recent decline in the number of Queen’s Counsel (QC) appointments, the latest round announced in February saw 100 advocates awarded the elite kitemark, up by 19% on last year’s all-time-low figure of just 84.

The number of applicants rose this year to 225, in what may be interpreted as the litmus test of confidence in the wider economy, after queries were raised from within the profession over whether previous drops were a reflection of not just the £2,000 cost of applying to become a QC, but also fears that the associated higher rates would not be supported by cash-strapped clients.

2012 saw 88 awards of silk from a possible 214 applicants, although any post-recession argument is dented by the record numbers appointed in 2011, when 251 senior barristers applied and 120 applicants were awarded silk.

Notable appointments include Freshfields Bruckhaus Deringer’s soon-to-depart international arbitration head in London, Constantine Partasides (see story, below); Herbert Smith Freehills head of global arbitration Paula Hodges and international arbitration partner Matthew Weiniger; Berwin Leighton Paisner international arbitration head Nicholas Fletcher; and Allen & Overy Hong Kong-based arbitration partner Matthew Gearing.

The barristers appointed included 8 New Square IP barrister Charlotte May, while 6 KBW College Hill saw four take silk, as Tony Badenoch, Jonathan Hall, Duncan Penny and Sarah Whitehouse were all appointed. Chambers to gain three QCs include Blackstone, Quadrant, Doughty Street and 36 Bedford Row.

Aside from this year’s good news on numbers, the overriding message from the ten-strong independent QC selection panel was diversity, with 18 women appointed out of the 42 who applied, an improvement on 14 appointments made last year.

Of the 32 applicants who declared their ethnic origin other than white, 13 have been successful, while 11 applicants aged over 50 were selected of the 43 who applied, compared with five over-50s last year.

Five of the eight applicants who declared disability took silk this year, in contrast with none last year.

A further statistical breakdown shows the youngest successful applicant this year was 37, and the oldest 68.

‘The selection process is a rigorous and demanding one.’
Helen Pitcher, QC selection panel

Helen Pitcher, chair of the selection panel, said: ‘The selection process is a rigorous and demanding one. We collect confidential assessments from judges, fellow advocates and professional clients, who give freely of their time to provide vital evidence about an applicant’s demonstration of the competencies.

‘Each year, the panel has the difficult task of identifying the truly excellent advocates. I am confident that those appointed truly deserve to be Queen’s Counsel.’

The QC appointment scheme was developed in current form in 2004 by the Bar Council and the Law Society, with the support of the Government.

Applications were first invited in 2005 and in 2006 the process, which is funded entirely through applicants’ fees, was amended so that all applicants are judged against the same five competencies: understanding and using the law; written and oral advocacy; working with others; diversity; and integrity.

Last year, just one solicitor-advocate made the grade as Skadden, Arps, Slate, Meagher & Flom global co-head of international litigation and arbitration Karyl Nairn took silk. Nairn acted as lead partner in the defence of Roman Abramovich when he was sued by rival oligarch Boris Berezovsky.