Self-funded pupillage not OK
updated on 07 June 2013
A decision by the Bar Standards Board (BSB) on an unfunded pupillage has been upheld by the Bar's appellate body, the Inns of Court.
Reported in Legal Futures, the case centred on barristers' chambers New Park Court's application for a waiver to the rule that self-funding of pupillage is not allowed. It wanted to offer the unfunded pupillage to a former policewoman who had come third behind two candidates who had been offered the only available funded pupillages at the set.
The BSB has the power to grant a waiver from the ban on self-funding, which was originally introduced to prevent economically privileged applicants from gaining an unfair advantage. Reasons to grant the waiver include where the applicant has a specialist qualification and the pupillage is in a niche area. In this case, the BSB refused to grant the waiver.
Sir Anthony May ruled that although the applicant was of high calibre and her qualifications were relevant to the set, the BSB's decision was justified. BSB director Dr Vanessa Davies said: "Unless there are exceptional circumstances, all pupillages must be funded before they can be offered. This is to ensure that those who may not be in the financial position to self-fund are not put at an unfair disadvantage."
