header-logo header-logo

03 April 2019
Issue: 7835 / Categories: Legal News , Profession , Regulatory
printer mail-detail

Bar misconduct threshold lowered

Barristers accused of professional misconduct will be prosecuted with the civil standard of proof in future, following a change to their professional code.

The new edition of the Bar Standards Board (BSB) Handbook, published this week, adopts the lower threshold of balance of probabilities or ‘more likely than not’ for conduct that occurs from 1 April 2019. Previously, alleged breaches of the Bar’s code of conduct have been judged according to the criminal standard of proof, beyond reasonable doubt or ‘satisfied so as to be sure’.

The move brings barristers in line with the rest of the legal profession and most other professions—the BSB and the Royal College of Veterinary Surgeons are currently the only professional regulators applying the criminal standard.

The BSB consulted on the move in 2017.

BSB director general, Dr Vanessa Davies, said: ‘This is an important moment in the ongoing modernisation of our regulatory arrangements. The public and the profession can continue to have confidence that our disciplinary proceedings are robust, thorough and fair to all concerned.’

Issue: 7835 / Categories: Legal News , Profession , Regulatory
printer mail-details

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll