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01 February 2013 / Tim Kerr , Charles Banner
Issue: 7546 / Categories: Features , Regulatory
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How high a hurdle?

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What standard of proof must the SDT apply to allegations of solicitors’ misconduct, ask Tim Kerr QC & Charles Banner

Under r 7.7 of the Solicitors (Disciplinary Proceedings) Rules 2011, where the Solicitors Regulation Authority (SRA) makes a disciplinary decision itself without referring the matter to the Solicitors Disciplinary Tribunal (SDT), the civil standard is expressly applied. The rules are silent, however, as to the applicable standard in cases referred to the SDT. This contrasts with the rules governing proceedings before the Bar Disciplinary Tribunal, which specify that the criminal standard of proof is to be applied (see reg 11 of the Disciplinary Tribunals Regulations 2009). In the absence of statutory provision for the SDT, it is for the common law to determine the applicable standard.

This issue was raised, but not decided, in Richards v The Law Society [2009] EWHC 2087 (Admin). In that case, the Law Society maintained that the criminal standard applied, while the SRA contended for the civil standard. Sir Anthony May held that the issue

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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