header-logo header-logo

14 July 2017 / ​Alexandra Felix KC , Tom Orpin-Massey
Issue: 7754 / Categories: Features , Regulatory
printer mail-detail

Coming soon? Adverse inferences

nlj_7754_felix

The criminal & civil courts can draw ‘adverse inferences’. Alexandra Felix & Tom Orpin-Massey ask might more regulatory & disciplinary panels do the same?

  • Could regulatory and disciplinary panels be allowed to draw ‘adverse inferences’ from a professional’s non-cooperation?
  • Why and how ‘adverse inferences’ could be introduced.

It is said that with the many advantages of membership of a profession comes the obligation for the registrant to engage with the regulator where concerns have arisen. What, though, when a registrant refuses to engage in the investigatory process and/or does not attend and/or chooses not to give evidence at a regulatory or disciplinary hearing?

This topic has generated significant interest, not least in the High Court, where several judges have commented on the peculiar arrangement whereby the majority of regulators do not recognise the adverse inferences familiar to the criminal and civil courts. For some time now, practitioners in the disciplinary and regulatory fields have wondered whether adverse inferences are on the horizon.

Before 1994 in the criminal courts there was considered

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
back-to-top-scroll