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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
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The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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