The professions are heavily regulated. Such regulation affects, for example, Solicitors, Barristers, Accountants, Surveyors, Doctors and Financial Advisers. A complaint against a professional man or woman can be a hugely distressing experience for him or her. Too often, the moral focus is on the rights of the complainant. But even a minor complaint against a professional man or woman may put his or her integrity or competence in issue. It is an imprudent person who thinks that he or she can defend himself or herself before a regulatory tribunal. We provide advice, analysis and representation in such cases. For an Article by Marc Beaumont on the lack of lawfulness of Law Society Procedures please click here. For a 2009 article on defending solicitors in the Solicitors Disciplinary Tribunal click here. Marc Beaumont discusses how the Bar's disciplinary process can be made more tolerable for the Bar. Feedback from a Barrister client (June 2010).
Marc Beaumont represented me against the Bar Standards Board in the face of 3 serious allegations of professional misconduct. In pre-trial applications, he persuaded the Judge to strike out one Charge and forced the BSB's hand on another, so that they had to withdraw it. His handling of the matter was brilliant. Sitting by his side in the tribunal, I realised that Marc is a fearless adversary: he does not seem to fear anything or anyone. Whilst at trial all did not go smoothly, Marc saved my career when all seemed lost. Marc is also caring and compassionate. And then there is his incredible sense of humour. I still chuckle to think about some of his observations. For those who dislike the stereotypical, aloof Barrister, Marc is the answer: a gutsy, gladiatorial fighter with sound tactical judgment, a strong sense of fairness and the capacity for moments of genius.
Feedback from a Barrister client (2010).
I came to Marc through word of mouth. I approached him on a Public Access basis. Despite it being a tricky case he handled it with tremendous ease, was very perceptive and diligent, then drew it to a desirable conclusion. Far more efficient than going through solicitors and he was speedy and focused. QC material and a rather amiable chap too. Thumbs up.
Feedback from Doctor successfully defended before the General Medical Council (October 2009).
I knew that you were a good lawyer, but I was amazed by the thoroughness of your preparation of my case. Your presentation in Court was amazing and throughout the hearing I was totally confident of a successful outcome. Your Skeleton Argument was a work of art ! You communicate so well with your client and I admire your clarity of thought and your depth of legal knowledge. Many, many thanks for everything ! Selected notable cases conducted in the disciplinary and regulatory field BSB v A Barrister [2010] June, Bar Disciplinary Tribunal (5 person).
(Allegation of dishonesty, mitigation, successfully urged suspension rather than disbarment).
Office of the Immigration Services Commissioner v J [2010] First Tier Tribunal, Regulatory Chamber.
(Allegation of breach of OISC Code of Standards, "sting" carried out by The News of the World newspaper (the "Fake Sheik"), clandestine filming, entrapment and enticement, whether proceedings an abuse of the process).
SRA v E and C [2010] Solicitors Disciplinary Tribunal.
(Managing Clerk raided client account of £ 200,000, partners strictly liable in conduct, breaches of Solicitors Accounts Rules, plea bargain, financial penalty).
The Governing Council of the Cat Fancy v H [2010] GCCF, London.
(Cat shows, private club, contractual incorporation of rules of natural justice, altercation at cat show with duty veterinary surgeon who disqualified champion Siamese cat for alleged respiratory illness, prosecution of client before disciplinary committee for alleged discreditable conduct, contested trial, client acquitted of charge).
Bar Standards Board v A Barrister [2010] March
(Charges of professional misconduct, charges successfully struck out and/or BSB forced to amend to reduce seriousness and breadth).
Virdi v The Law Society/Solicitors Regulation Authority, The Solicitors Disciplinary Tribunal intervening [2010] 3 All ER 653, CA
(Appeal by solicitor, Tribunal Clerk retiring with panel members and drafting their detailed findings, whether lawful ? Tribunal Clerk employed and paid by Law Society, the Prosecutor - whether apparent bias ?).
Bar Standards Board v M [2010] January.
(Barrister immigration specialist charged by BSB with advertising for immigration work on a direct/public access basis; BSB had in the meantime approved Code of Conduct changes allowing immigration work under the Bar Public Access scheme; written submissions drafted by Marc Beaumont as to this and other issues; on receipt of those submissions, BSB offered no evidence).
General Medical Council v J [2009] September.
(Defended at trial of allegations against GP; witnesses in fear; GMC sought to rely on their written statements as the decisive evidence; application successfully opposed and charge dismissed).
Solicitors Regulation Authority v A Solicitor [2009], Solicitors Disciplinary Tribunal
(Successful vitiation of subjective test of dishonesty in Twinsectra by fear of threat against solicitor).
K v General Dental Council [2009] Lawtel, 5th May, Divisional Court.
(Appeal by dentist against suspension by GDC; GDC appoints those who appoint PCC panel members; GDC also prosecutes dentists before PCC; whether system of appointments of PCC panel members by GDC indirectly, engages the doctrine of apparent bias; whether GDC a judge in its own cause; chairman of PCC panel a recent elected member of GDC; whether chairman automatically disqualified; application of Pinochet doctrine).
Virdi v The Law Society, The Solicitors Disciplinary Tribunal intervening [2009] Lawtel 1st May, Divisional Court.
(Appeal by solicitor from SDT, Tribunal Clerk retiring with panel members and drafting their detailed findings, whether lawful ? Tribunal Clerk employed and paid by Law Society, the Prosecutor - whether apparent bias ? Delay of 12 months in SDT delivering detailed findings, held to be an inordinate and inexcusable violation of Article 6 of the ECHR).
Okoronkwo v The Law Society [2008] EWCA Civ 1572 (Bailii) 9th December, Court of Appeal
(Scope of Section 43 of the Solicitors Act 1974; effect of Advocate's disavowal of dishonesty allegation; standard of proof)
Solicitors Regulation Authority v A Solicitor [2008] October
(Defended a solicitor accused of dishonesty; negotiated plea bargain whereby dishonesty allegations withdrawn)
Bar Standards Board v S [2008] July
(Defended Barrister accused of dishonesty. Internal Chambers dispute. Acquittal).
Solicitors Regulation Authority v S [2008] June, SDT
(Disciplinary proceedings; solicitor; abuse of process; breach of natural justice; contention that Law Society's scheme of investigation and adjudication unlawful without a procedural code)
Solicitors Regulation Authority v O [2008] Lawtel, 16th June, Divisional Court
(SDT findings under s. 43 of the Solicitors Act 1974 against a Barrister who set up and capitalised a firm of solicitors; whether he was "employed or remunerated" by the firm; SDT purported to convict Barrister; appeal to Divisional Court; SDT Order quashed)
Solicitors Regulation Authority v. Virdi [2007] October
(One of the longest cases ever in the Solicitors Disciplinary Tribunal, 15 day trial, Defence of Senior Partner of firm accused of fraud, dishonesty and money laundering, acquittal on dishonesty charges, striking-off avoided)
P v The General Council of the Bar [2005] Lawtel
(The case that established that it is unlawful for a Bar Disciplinary Tribunal to include serving members of the PCC- acted pro bono as Junior Counsel at trial) |
