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Misconduct: Crossing the line

13 January 2021 / John Gould
Issue: 7916 / Categories: Features , Procedure & practice , Profession
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Post-Beckwith, John Gould provides an update on the regulation of conduct outside of practice
  • Ryan Beckwith v Solicitors Regulation Authority: putting the correct questions on the table for the approach to conduct which is not in the course of providing legal services.

It was a bold move to offer a two-part commentary on the regulation of conduct outside of practice just when the Divisional Court’s decision in Ryan Beckwith v Solicitors Regulation Authority [2020] EWHC 3231 (Admin) was on the horizon (see ‘Misconduct outside of legal practice’, 170 NLJ 7907, p14; Pt 2, 170 NLJ 7911, p15). By great good fortune, I seem to have largely escaped major error and can go forward with my nine lives intact to talk about what the law is rather than what I think it should be.

Beckwith is an important decision which is not going to be appealed. The approach to conduct which is not in the course of providing legal services, particularly where sex is involved, has not had a secure

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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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