Advisories Advisories Update: Assessment of Graduates from England and Wales
The NCA Assessment Policy requires all applicants to have a Qualifying Law Degree (“QLD”). A QLD is a first-cycle law degree that has been completed through a law program that is “approved, recognized, accredited or otherwise accepted” by the local Regulatory Authority or its delegate. QLDs are typically designated as LLB, JD, BCL or LLL.
In addition to holding a QLD, applicants must meet certain other educational requirements as specified in the NCA policy. These policies comply with the National Requirement, the standard governing eligibility for bar admissions in Canada.
Among other criteria, the National Requirement specifies that a law degree program:
- Must consist of three full-time academic years or equivalent; and
- Must be a comprehensive program of study to ensure a thorough understanding of legal complexities and the interrelationship between various areas of legal knowledge.
For most jurisdictions, the NCA relies on public lists of approved programs or schools when evaluating legal credentials. The NCA has relied on the Solicitors’ Regulation Authority (the “SRA”) list of qualifying degree providers when assessing graduates from England, Wales and Northern Ireland. With the implementation of the new Solicitor’s Qualifying Examinations (the “SQE” Route) in 2021, the SRA will no longer specify the academic content of law degrees or maintain its list of approved degree providers.
This new approach means that an individual may graduate with a degree in any subject, or possess equivalent qualifications or experience, and may still be admissible to begin the process to obtain licensure in England. The files of graduates who commenced their legal education in England Wales before the 2021 intake will be assessed according to NCA past practice, i.e. their program must be on the SRA list of approved program providers starting in their intake year.
Despite this change, the NCA will continue to require that graduates from England and Wales complete a law degree (typically an LLB) to be eligible to apply to the NCA. Law degrees must meet the following criteria as outlined by the Quality Assurance Agency (the “QAA”) subject benchmark statement for law and the Bar Standards Board (the “BSB”) Bar Qualifications Manual:
- be awarded at level 6 or above of the Framework for Higher Education Qualifications;
- be awarded by a recognized degree awarding body (found on the Office of the Students registry);
- contain the seven “Foundations of Legal Knowledge”subjects developed by the SRA and BSB; and
- be awarded at or above the minimum academic standard (i.e., lower second class; 2:2)
The NCA will continue to evaluate files in accordance with all its Policies, ensuring all applicants meet our basic requirements.
Transition Rules:
Following the SRA transition rules, the NCA will continue to assess files under the previous rules for those who started their QLD up to and including September 2021.
When evaluating graduates from Northern Ireland, the NCA will rely on the lists of approved law schools/courses from the following regulators:
- the Law Society of Northern Ireland (LSNI)
- the Honourable Society of the Inn of Court of Northern Ireland (Inns)