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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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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