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Civil way: 20 September 2019

19 September 2019
Issue: 7856 / Categories: Features , Procedure & practice , Civil way
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Vet a good bet; ENE to take off; latest CPR updates; FDR judge out for good

SAFER ON THE FARM

Train as a vet if you plan to get up to any professional mischief. As of 25 November 2019, the only professional regulator in England and Wales applying the criminal standard of proof to professional misconduct proceedings will be the Royal College of Veterinary Surgeons. Yes, that’s the date on which the Solicitors Disciplinary Tribunal goes civil by ending or suspending your career if satisfied on first instance hearings that it is more probable than not—rather than beyond reasonable doubt—that you groped or plundered. The Solicitors (Disciplinary Proceedings) Rules 2019 (SI 2019/1185) (replacing the 2007 rules) does the evidential trick for hearings which arise out of applications or complaints made on or after 25 November 2019. The tribunal already applies the civil standard to appeals against written rebukes and directions to pay penalties of less than £2,000 imposed by the Solicitors Regulation Authority. A PD in respect of the application procedure for agreed

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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