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In answer to my critics, this is taken from the judgment.

“ 1 The SRA satisfies itself as an applicant's character and suitability in a number of ways including compliance with Part 1 of the SRA (Solicitors Regulation Authority) Suitability Test 2011 ("the Suitability Test")[2]. The Suitability Test provides inter alia that:
2 
"2: Disclosure
2.1 All material information relating to your application must be disclosed. Failure to disclose material information will be treated as prima facie evidence of dishonest behaviour.
3: Behaviour not compatible with that expected of a prospective solicitor or authorised role holder
3.1 Unless there are exceptional circumstances we will refuse your application if you have….been responsible for behaviour….which is dishonest...

5: Financial evidence
5.1 Unless there are exceptional circumstances we will refuse your application if:
(a) there is evidence that you cannot manage your finances properly and carefully;

(b) there is evidence that you have deliberately sought to avoid responsibility for your debts; and/or

(c) there is evidence of dishonesty in relation to the management of your finances.

5.2 If you have been declared bankrupt, entered into any individual voluntary arrangements (IVA) or have had a County Court Judgment issued against you it will raise a presumption that there has been evidence that you cannot manage your finances properly and carefully.

6: Regulatory history
6.1 Unless there are exceptional circumstances we will refuse your application if you:
… ... 
(b) have failed to disclose information to a regulatory body when required to do so, or have provided false or misleading information;".

ii. the SRA's decision-making processes

.........

1 Section 5 of the application form addressed the Suitability Test. Under the heading "financial behaviour - refer to Section 5 of the Suitability Test", it stated:
2 
"All material information relating to your application must be disclosed. Failure to disclose material information will be treated as prima facie evidence of dishonest behaviour. You must disclose any matters that have occurred in the UK and/or overseas.
I have read and understood this statement ?
5. Have you ever been declared bankrupt, entered into any individual voluntary arrangements (IVA's) or have had a County Court Judgment (CCJ) issued against you?
Yes ? No ?

If you answered "yes" to question 5, it will raise a presumption that you cannot manage your finances properly and carefully and we will refuse your application unless there are exceptional circumstances." “

I think that my gloss of the regulatory framework was broadly accurate. I didn’t make it up. I don’t think that their validity was challenged. The issue was as to process. I have given my two penn’oth worth and stand by it.

On a personal level, I must have refused or granted hundreds of SAJ applications over the years. Absent CPR interference the issues were always ones of fact and balancing competing rights. On balance I expect that I granted more than I refused. Basically, if there’s a talking point grant.

We can argue about the “fairness” of the regulations and the presumptions and consequences flowing from them. No one can argue that they aren’t carefully spelt out.

Anon 11.19. I’m not sure that you have failed to report your CCJ. You weren’t seeking admission and it was a nullity.

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