1. However in such cases the logic would have to be the necessity for consistency and not protection of the public, since there is no suggestion as far as I am aware, that foreign BVC students returning to foreign jurisdictions have been "passing themselves off" as practicing home jurisdiction barristers. The risk of an indirect discrimination claim is stronger now than in 2004 because of the stronger statistical evidence available for such discrimination (see "Economics of Pupillage"). This places greater emphasis on the need for a justification argument i.e. greater need for evidence of abuse and damage from abuse;The litigation risks identified by Robin Allen Q.C, based on claims of unfair discrimination would be partly resolved by imposing Deferral of Call to the Bar on foreign students as well as on domestic students