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"The BSB Handbook says chambers have an ‘obligation of fairness’ in presenting names of barristers for consideration by instructing solicitors. "

Agreed. But the clerk must not query the solicitor's choice. No matter what s/he thinks.

As for solicitors: a (surprisingly) small number of clients will only have confidence in counsel of their own gender, culture, or both, and I cannot see what a solicitor is expected to do about it.

The truth is that making the Equality Act applicable to self-employed people cannot really work. No law can stop me going to the butcher, the baker, the candlestick-maker of my choice - or of course the solicitor, the accountant or the architect. If an enterprise I go to is taken over by a person of another gender or ethnic origin, or a person whom I know to be transexual or gay, I can take my business elsewhere without even being theoretically liable. I have never understood wy the Bar should be different.

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