Rule 32(2) of the Solicitors Disciplinary Tribunal Rules provides that the judgment of any civil court, or any tribunal exercising a professional or disciplinary jurisdiction, may stand as proof but not conclusive proof of the facts upon which the judgment is based. Rule 32(2) is to some extent unusual. Whilst tribunals and civil courts have […]
Frensham v Financial Conduct Authority [2021] UKUT 0222 (TCC) In December last year I wrote about the High Court’s decision in Beckwith v SRA; where the High Court gave a clear warning to regulators about the need to specifically address why a transgression arising in a professional’s private life breaches their professional code of conduct […]
The test for “a real risk of dissipation” has been clarified by the Court of Appeal in an important and high-profile judgment Les Ambassadeurs Club Ltd v Songbo Yu [2021] EWCA Civ 1310. Between 27 April and 1 May 2018 Mr Yu, a Chinese high-net-worth businessman, used cheques to purchase £19 million worth of chips […]
The Criminal Justice Act 1993 provides for wide rules of jurisdiction in prosecutions for acquisitive offences such as theft and fraud. To give one example, in a conspiracy to defraud, any act in furtherance of the conspiracy occurring in England and Wales (E&W) will give the court jurisdiction to try the whole conspiracy. The Act […]
2 Hare Court Professional Discipline Newsletter June 2020 Contents Introduction A look into the remote future: Andrew Colman and Natasha Ricioppo Keep calm and carry on (remotely) – One Blackfriars: Lewis Macdonald The impact of Coronavirus on Inquests: Tom Day Reviving Article 2 – Re Dalton: Hannah Thomas […]
26th May 2022 Read more
26th May 2022 Read more