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12 November 2015

Case update: Barrister found guilty of threatening to sue his dentist in circumstances which were likely to diminish public confidence in the profession

Davies v Bar Standards Board [2015] EWHC 2927 (Admin)

Background

Mr Davies, a barrister, faced two charges in contravention of paragraph 301(a)(iii) of the Code of Conduct of the Bar of England and Wales (8th edition) herein after referred to as ‘the Code’. The relevant paragraph states as follows:

‘A barrister must have regard to paragraph 104 and must not:

(a) engage in conduct whether in pursuit of his profession or otherwise which is:

(iii) likely to diminish public confidence in the legal profession or the administration of justice or otherwise bring the legal profession into disrepute’
 

Shannett Thompson

12 November 2015

Case update: Solicitor’s dishonesty was within the ‘exceptional’ category and suspension stands

R. (on the application of Solicitors Regulation Authority) v Imran Queen's Bench Division (Administrative Court), 22 July 2015 [2015] EWHC 2572

As a mandatory principle which helps define the fundamental ethical and professional standards of those providing legal services, acting with honesty and integrity is something that the Solicitors Regulation Authority (SRA) advocates when dealing with dishonest conduct. Striking off seems the inevitable sanction for such conduct. However, perhaps surprisingly, in the case of R. (on the application of Solicitors Regulation Authority) v Imran Queen's Bench Division (Administrative Court), 22 July 2015, the SRA unsuccessfully challenged the Solicitors Disciplinary Tribunal’s (SDT) decision not to strike off a solicitor who had acted dishonestly.
 

11 June 2015

Damage limitation: do past indiscretions necessarily affect your career as a professional?

While most professionals will be aware that any transgressions in a business capacity may affect their membership of their professional body, it is easy to forget that indiscretions which occurred before you became a member of your professional body, including in your personal life, may also have a significant impact upon your career.

13 February 2015

Professionals: are you clear on your ethical responsibilities?

Most professionals, regardless of the sector in which they operate, will be aware that they have to meet certain professional requirements, as set down by their regulatory body.  The majority of professional regulators, in addition to technical standards, prescribe ethical standards to which their members must adhere at all times.  Some standards are principles based; others are more prescriptive.  Regardless of the nature of the ethical code, it is important that the principles within the code are clear and that the regulated professional understands the standards of ethics they are to meet.

Julie Matheson

26 September 2014

Regulators ask banks for better protection for whistleblowers…but can the Regulators maintain it?

Most will now be familiar with the proposals of the Financial Conduct Authority [“FCA”] and the Prudential Regulation Authority [“PRA”] which significantly change the way individuals working for UK banks, building societies, credit unions and PRA-designated investment firms are assessed and held accountable for the roles they perform. Embedded within the drive to encourage individuals to take greater responsibility for their own actions is a mirror obligation for individuals to take responsibility for their colleagues’ actions too.  

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