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A case to answer is not enough

The ‘public interest’ justification for the right of any individual to bring disciplinary proceedings against any solicitor disappeared a long time ago, says John Gould
  • Solicitors have a right to expect that decisions to bring disciplinary proceedings and to prosecute are taken carefully and correctly.
  • A recent case, Greene v Davies, illustrates the potential duration and complexity of disciplinary proceedings.
  • Such cases should be screened objectively and independently for prospects, proportionality and the public interest. For this purpose, ‘a case to answer’ is an inadequate test.

For many people, enduring court proceedings is like serving a term in a kind of litigation prison. If what is at stake is a person’s whole livelihood and reputation, the gaol is a tough one. If the wheels of justice turn slowly while they grind to fine dust, the sentence may be long. Every day the anxiety, and even the fear of ruin, may lurk, ready to push forward through the throng of more ordinary thoughts. If the

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MOVERS & SHAKERS

Ward Hadaway—19 promotions

Ward Hadaway—19 promotions

19 promotions across national offices, including two new partners

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Brabners—Ruth Hargreaves

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Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

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NEWS
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
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The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
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