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20 October 2017
Issue: 7766 / Categories: Legal News , Profession
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Disciplinary standard of proof under review

Solicitors have been asked for their views on expected proposals regarding the standard of proof for the Solicitors Disciplinary Tribunal (SDT).

In a discussion paper published this week, the Law Society says the SDT is expected to review the standard of proof it applies later this year, as part of a wider consultation on the Solicitors Disciplinary Proceedings Rules 2007.

Currently, the SDT applies the civil standard of proof, ‘on the balance of probabilities’.

However, the Law Society argues that it should revert to its pre-2010 position of using the criminal standard of ‘beyond reasonable doubt’, as a solicitor’s livelihood is at risk. A third alternative would be the US standard of ‘clear and convincing evidence’.

The SDT makes decisions on alleged serious breaches of solicitors’ professional rules, and can impose a fine, order a suspension from practice or strike a solicitor off the Roll.

Issue: 7766 / Categories: Legal News , Profession
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MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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