Rehman v The Bar Standards Board [2016] EWHC 1199 (Admin) (25 May 2016)

Rehman v The Bar Standards Board [2016] EWHC 1199 (Admin) (25 May 2016)

The appeals and judicial review claims brought by Mr Rehman are totally without merit. The disciplinary proceedings were conducted lawfully and fairly, with no evidence of malice, bias, or systemic impropriety. The appeals were either out of time or, in any event, unarguable on the merits. The judicial review claims were legally hopeless, failed to identify any arguable public law error, and in some instances were scurrilous or vexatious. The Legal Ombudsman’s decisions were not amenable to judicial review in the circumstances presented.

Citation
[2016] EWHC 1199 (Admin)
Parties
Appellant/claimant: Tariq Rehman; Respondent/defendant: The Bar Standards Board
Jurisdiction
England and Wales
Judgment Date
25 May 2016
Procedural Posture
Statutory Appeals and Judicial Review / Judgment on Appeals and Applications for Permission to Proceed With Judicial Review
Outcome
All appeals and applications for permission to proceed with judicial review are dismissed.
Legal Topics
Bar Disciplinary Proceedings, Statutory Appeals, Judicial Review, Procedural Fairness, Time Limits for Appeal, Sanctions for Professional Misconduct
Professional Discipline Administrative Law Bar Disciplinary Proceedings Statutory Appeals Judicial Review Procedural Fairness Time Limits for Appeal Sanctions for Professional Misconduct

Case Brief

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Parties

Tariq Rehman

Appellant/claimant

The Bar Standards Board

Respondent/defendant

Procedural Posture

Statutory Appeals and Judicial Review / Judgment on Appeals and Applications for Permission to Proceed With Judicial Review

Legal Issues

  1. 1 Whether the disciplinary tribunal decisions against Mr Rehman were legally valid and procedurally fair
  2. 2 Whether the appeals were out of time and should be dismissed
  3. 3 Whether the disciplinary scheme for barristers is fundamentally flawed or unlawful

Ratio Decidendi

The appeals and judicial review claims brought by Mr Rehman are totally without merit. The disciplinary proceedings were conducted lawfully and fairly, with no evidence of malice, bias, or systemic impropriety. The appeals were either out of time or, in any event, unarguable on the merits. The judicial review claims were legally hopeless, failed to identify any arguable public law error, and in some instances were scurrilous or vexatious. The Legal Ombudsman’s decisions were not amenable to judicial review in the circumstances presented.

Court Disposition

All appeals and applications for permission to proceed with judicial review are dismissed.

Orders

  • Appeal in Claim No CO/1860/2015 dismissed.
  • Permission to proceed in Claim No CO/1398/2016 refused and declared totally without merit.