header-logo header-logo

03 April 2019
Issue: 7835 / Categories: Legal News , Profession , Regulatory
printer mail-detail

Bar misconduct threshold lowered

Barristers accused of professional misconduct will be prosecuted with the civil standard of proof in future, following a change to their professional code.

The new edition of the Bar Standards Board (BSB) Handbook, published this week, adopts the lower threshold of balance of probabilities or ‘more likely than not’ for conduct that occurs from 1 April 2019. Previously, alleged breaches of the Bar’s code of conduct have been judged according to the criminal standard of proof, beyond reasonable doubt or ‘satisfied so as to be sure’.

The move brings barristers in line with the rest of the legal profession and most other professions—the BSB and the Royal College of Veterinary Surgeons are currently the only professional regulators applying the criminal standard.

The BSB consulted on the move in 2017.

BSB director general, Dr Vanessa Davies, said: ‘This is an important moment in the ongoing modernisation of our regulatory arrangements. The public and the profession can continue to have confidence that our disciplinary proceedings are robust, thorough and fair to all concerned.’

Issue: 7835 / Categories: Legal News , Profession , Regulatory
printer mail-details

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll