header-logo header-logo

13 January 2021 / John Gould
Issue: 7916 / Categories: Features , Procedure & practice , Profession
printer mail-detail

Misconduct: Crossing the line

35718
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll