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09 September 2022
Issue: 7993 / Categories: Legal News , Profession , Regulatory
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Misconduct rules updated

Solicitors have been issued with guidance on sexual misconduct, following a rise in complaints made to the Solicitors Regulation Authority (SRA)

The guidance highlights that intoxication is not a defence, and covers factors such as unequal power relationships, career incentives or disincentives, social media, consensual workplace relationships that become non-consensual and sexualised comments.

The guidance, published last week, illustrates how far a solicitor’s professional obligations apply to their private lives, noting serious non-consensual sexual touching in situations ‘totally removed from legal practice’ and with no criminal proceedings attached may still amount to professional misconduct. It refers to the case of former Freshfields partner Ryan Beckwith, Beckwith v SRA [2020] EWHC 3231 (Admin), in which the High Court endorsed regulation of professionals by reference to private conduct although it quashed the Solicitors Disciplinary Tribunal finding against Beckwith.

Since 2018, when the SRA issued a warning to law firms about the use of non-disclosure agreements, 251 reports of potential sexual misconduct have been made, compared to just 30 in the preceding five years. The SRA currently has 117 on-going investigations.

Paul Philip, SRA Chief Executive, said: ‘These can be sensitive and difficult issues and we want to be clear about our expectations, not least for firms, as people often come to us because they are dissatisfied with the way their firm has dealt with their concerns.’

The SRA also published guidance on its approach to criminal convictions connected with protests, demonstrations or matters of principle or social conscience. It said it had ‘broad discretion to consider the context’ and was unlikely to take regulatory action if there was no significant harm to others or damage to property involved. Other factors taken into consideration would be whether the offence undermined the rule of law or administration of justice (such as resisting arrest).
Issue: 7993 / Categories: Legal News , Profession , Regulatory
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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