Two Belfast barristers at the centre of a row over a royal declaration boycotted yesterday's ceremony in the Northern Ireland High Court to mark the swearing-in of new Queen's Counsel.
Mr Barry Macdonald and Mr Seamus Treacy, both Catholics, were among 12 QCs appointed last month and were due to be sworn in before the Lord Chief Justice, Sir Robert Carswell.
But they stayed away after being granted leave on Monday to seek a judicial review of a declaration which new QCs are required to make.
The hearing is to take place in the first week of January.
The declaration states: "I sincerely promise and declare that I will well and truly serve Her Majesty Queen Elizabeth II and all whom I may lawfully be called upon to serve in the office of one of Her Majesty's Counsel learned in the law according to the best of my skill and understanding."
Mr Michael Lavery QC, for the two barristers, told the court on Monday that the declaration discriminated against them as nationalists because it was contrary to their principles and an affront to their political sensibilities.
Instead, said Mr Lavery, the Lord Chancellor should have adopted the declaration suggested by the Bar Council which omitted any reference to Queen Elizabeth and merely asked the new QCs to declare they would well and truly serve any client.
Solicitors acting for the two barristers later issued a statement explaining why they had stayed away.
Madden and Finucane said that, after Monday's court hearing, Mr Brian Fee, chairman of the Bar Council, had ascertained the Lord Chief Justice's intentions if Mr Macdonald and Mr Treacy attended the ceremony.
"The Lord Chief Justice informed Mr Fee that he would only permit them to participate in the ceremony if they made the declaration to serve the Queen.
"Mr Macdonald and Mr Treacy are not prepared to make a declaration in terms other than those already recommended by the Bar Council, their governing professional body."
The 10 sworn in at the private ceremony were: Mr Gerald Simpson, Mr Dermot Fee, Mr Patrick Lynch, Mr Henry Toner, Mr John Cushinan, Mr Patrick Lyttle, Ms Noelle McGrenera, Mr David Ringland, Mr Bernard McCloskey and Mr John O'Hara.
Afterwards the Lord Chief Justice addressed them in a packed open court in front of families and friends but made no reference to the legal wrangle involving their two absent colleagues.
Sir Robert Carswell said not only did the office of Queen's Counsel constitute a rank in the law and in society, it marked their professional eminence and proven ability to undertake the representation of clients in litigation and to advise and counsel them in the most important and demanding work.
Sir Robert said the new QCs had earned their place as leaders of the Bar, whose quality of advocacy, advice, judgment and standard of integrity would serve as an example and inspiration to those following in their footsteps.