Alternative Registration to Practice Law

    In a May 9, 2025, decision, the High Court of Justice in Northern Ireland considered an appeal brought by the Applicant who contested the decision of the Appellate Committee of the Law Society of Northern Ireland (Society) that refused the Applicant registration as a student in August 2024. 

The Society was empowered to regulate admission and training qualifications for solicitors in Part II of the Solicitors Order 1976, and as amended in the 1988 Regulations. Regulation 8 sets forth the requirements for registration. Potential pathways include completion of an acceptable law degree with demonstration of required knowledge, completion of a degree in another discipline if acceptable to the Committee, or that an applicant “satisfied the Committee that, being a person of not less than 30 years of age, he has acquired such special qualifications and/or experience as to render him suitable to be accepted as a registered student.”

Applicant sought registration as a student attorney. The application was not based upon an educational degree but was supported by Applicant’s references and cover letter that identified her experience as a legal secretary since 2006. An application based upon experience is allowed under In the Matter of Burns (1999, unreported) and Regulation 8(5), requiring that any such application “should require a truly exceptional case” to be approved. Here, the Education Committee of the Law Society found that the Applicant did not meet the threshold to be truly exceptional and was not eligible for registration as a student. The Appellate Committee affirmed the decision on appeal.

The Appeal Committee heard evidence and was “impressed by the personal qualities of the Applicant.” Evidence presented to the Appeal Committee included written references and other evidence demonstrating the Applicant’s experience and that they possessed a wide range of subject knowledge. However, Applicant’s work was not independent of others; Applicant also did not provide guidance to others. Thus, the Appeal Committee did not conclude that the Applicant had “sufficient experience to render her suitable to be accepted as a registered student.”

This Court reviewed and considered the impressive work history of Applicant, deemed more compelling given her personal circumstances. Notably, Applicant’s experience included attending court; drafting legal documents; and liaising with clients, agencies, and legal aid authorities. This Court reviewed whether the Appellate Committee correctly applied the relevant legal test. This review established that the Appellate Committee in fact failed to ascribe appropriate value to the multiple testimonials and support presented on behalf of the Applicant and evidence of the extent of Applicant’s experience. The Appellate Committee should have applied the simple test identified in the Regulation and read Burns in the appropriate light to determine whether the Applicant met the requirements. Should Applicant possess and demonstrate “special qualifications and/or special experience by way of exception” and in a manner that would maintain public confidence in registration requirements and meet the strict requirements of Regulation 8(5), the application may be considered for approval.

Matter remitted to the Appellate Committee of the Law Society for reconsideration.