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07 November 2019 / John Gould
Issue: 7863 / Categories: Features , Regulatory , Profession , Professional negligence
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Misconduct & sexual misbehaviour: blurred lines?

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In the age of #MeToo, what kind of misconduct could cross the line into the domain of a legal regulator? John Gould examines the role & limits of professional discipline
  • It is not the proper function of legal regulators to cast themselves as instruments of social change, nor to police sexual morality or general bad behaviour.
  • The key question is whether misconduct represents an ongoing risk that a person is not fit to practise.

`Sexual intercourse began In nineteen sixty-three (which was rather late for me)— Between the end of the “Chatterley” ban And the Beatles’ first LP’

I have no reason to think—although I haven’t checked—that Philip Larkin was ever a member of a disciplinary tribunal. Had he been forced to sit in judgement on the sexual conduct of other poets, he may have struggled to know where to start. He may have wondered whether the ethical standards of an artist were relevant to the quality of their art. He may have worried that the public expects artists to behave badly anyway—sending a bloody

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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
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