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04 May 2017
Issue: 7744 / Categories: Legal News
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Review of standard of proof for barristers' professional misconduct

Barristers accused of professional misconduct could be prosecuted with a lower standard of proof, under new regulatory proposals.

The Bar Standards Board (BSB) published a consultation this week, R eview of the Standard of Proof Applied in Professional Misconduct Proceedings , proposing lowering the standard of proof at disciplinary hearings for professional misconduct from the current criminal standard of ‘beyond reasonable doubt’ to the civil standard of ‘on the balance of probabilities’.

Switching to the civil standard would bring the Bar 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. While the Solicitors Disciplinary Tribunal applies the criminal standard, it is not an approved regulator and considers itself bound by case law to continue applying the criminal standard.

The consultation closes on 21 July.

Issue: 7744 / Categories: Legal News
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
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