Concerns over Bar regime

A review of the Bar’s disciplinary and tribunals regime has identified “systemic failures”, including ineligible panel members.

The review, by the Council of the Inns of Court (COIC) disciplinary tribunal and hearings review group, highlighted “inadequate record-keeping” and “inadequate staff supervision”. It recommended greater investment in IT and case-management systems, as well as new accommodation for the tribunals secretary.

“It rapidly became clear that far too much had been expected of the tribunals secretary, who had been neither adequately supervised nor supported,” Desmond Browne QC, who chaired the review, writes in the introduction.

The review found evidence that both lay representatives and barrister volunteers appointed to the COIC panels had exceeded their three-year appointment time. Based on an initial assessment, it found nearly 700 cases may have been affected by eligibility issues, sparking concerns those decisions may need to be reviewed.

However, as noted by the review, a recent decision of the Visitors to the Inns of Court, Russell v BSB [2012] Lexis Citation 49 (QBD), indicates that the presence of a panel member whose time has expired does not invalidate the panel’s verdict.

Bar Standards Board (BSB) chair Ruth Deech says: “The publication of the COIC tribunal review report is a vital step in assuring the public and the profession that the disciplinary arrangements for the Bar of England and Wales are open and transparent.

“The BSB will continue to work with COIC as it implements the recommendations contained in the report. The improvements brought about by full implementation of the recommendations will cement the creation of an independent and modern hearings service, operating fairly, transparently and efficiently in the public interest.”