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How high a hurdle?

01 February 2013 / Tim Kerr , Charles Banner
Issue: 7546 / Categories: Features , Regulatory
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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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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
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Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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