Training & Knowledge: Ben Rich

26th May 2022Newsletters

Maxfield Martin v SRA [2022] EWHC 307 (Admin): Dishonesty finding quashed where a solicitor signed a factually false declaration, in the name of a partner of his firm

MM was a solicitor whose firm had a legal aid contract for mental health work. He needed to be reaccredited by the Law Society. The process required a partner/senior manager of the firm to sign the reaccreditation form and declare that the information was correct to the best of his knowledge, and that he had […]

28th Oct 2021Newsletters

Complainant Bad Character in Disciplinary Proceedings

Arowojolu v General Medical Council [2021] WL 04751428 It is commonplace, especially in cases involving sexual misconduct, for the accused registrant to assert that the complainant made the whole thing up – either for specific reasons, or because that is the sort of thing they do. In that context evidence that the complainant has previously […]

26th May 2021Newsletters

Denials, insight and sanction – the effect of denials on sanction

In Haydar Al Nageim v GMC [2021] EWHC 877 (Admin) the High Court visited, for the fourth time in under a year, what the effect should be on sanction if a registrant denies the facts of the charges and is disbelieved. It seems that the position may now have stabilised, and that the debate in […]

25th Feb 2021Newsletters

Conditional Discharges in regulatory proceedings

GOsC v Wray [2020] EWHC 3409 (Admin) How should regulators deal with professionals convicted of criminal offences, but who receive as a sentence nothing more than a conditional discharge? Most regulators have provisions in their rules for “conviction cases”. Generally the conviction is considered to be conclusive proof of the facts, and the registrant is […]