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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

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
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