Blog
Private prosecutions – A route to justice for the charity sector
Sophie Tang
21 January 2021
Beckwith v SRA – are there implications for the regulation of professional accountants who face sexual misconduct allegations?
In our fourth blog in our series on Beckwith v Solicitors Regulation Authority [2020] EWHC 3231 (Admin), we turn our attention to consider what impact, if any, this landmark decision might have on the regulation of professional accountants. While the case turned on some very specific features relating to the regulation of solicitors as contained in the Solicitors Regulation Authority’s (SRA) Principles and Code of conduct, some parts of the judgment may have more general application.
20 January 2021
Post-Beckwith – where to now for sexual misconduct cases?
In the two years preceding Ryan Beckwith’s appeal to the High Court, the SRA pursued a handful of other sexual misconduct cases before the Solicitors Disciplinary Tribunal (Tribunal). These cases are varied and fact-specific and include sexual misconduct in and relating to the workplace and conduct outside of work.
19 January 2021
Where have we reached on costs in proceedings before the Solicitors Disciplinary Tribunal post Beckwith?
Regulatory investigations across all sectors are increasing in complexity, with a corresponding increase in the size of the cost applications made by regulators upon successful prosecution. For solicitors facing investigation by the Solicitors Regulation Authority (‘SRA’), the costs associated with prosecutions before the Solicitors Disciplinary Tribunal (‘SDT’) have made the headlines recently for their size. In Beckwith, for example, the Divisional Court referred to the SRA’s costs of c.£340,000 as “alarming.”
18 January 2021
Beckwith v SRA – an analysis of the Court’s landmark decision
The decision of the Divisional Court in Beckwith v SRA [2020] EWHC 3231 (Admin) has attracted extensive press attention as it is the first SRA case involving allegations of sexual misconduct that are not based on criminal conviction to reach the High Court. In high level terms the Court found that sexual misconduct cases should be confined to cases that clearly engage the SRA’s Code of Conduct and expressed the view that there were limits on how far a regulator should take action in relation to matters of private life.
12 January 2021
The SRA’s updated NDA warning notice introduces welcome clarity
On 12 March 2018 the SRA published its warning notice on the use of non-disclosure agreements (NDAs). This was in the wake of the widespread publicity at the time given to NDAs which had been considered too draconian in reach and effect.