At last we are moving away from a state of limbo over NDA's
Comments by Iain Miller in the article include:
It must follow that if the solicitors disciplinary tribunal changes the standard of proof then more cases are likely to satisfy the evidential test.
The nature of cases before the SDT is evolving. It used to be that cases were well documented as they involved breaches of the solicitors’ accounts rules and similar matters. The standard of proof was therefore less relevant.
Now the SRA runs a broader range of cases, such as those involving sexual misconduct which are less well documented and turn on witness evidence, so the standard of proof will matter.
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