Yianoma v Bar Standards Board [2023] EWHC 3112 (Admin) (04 December 2023)

Yianoma v Bar Standards Board [2023] EWHC 3112 (Admin) (04 December 2023)

Given the BSB's regulatory role, funding structure, the seriousness of the admitted misconduct, the limited success of the appeal, and the risk of a chilling effect on regulatory functions, the fair order is that each party should bear their own costs of the appeal.

Citation
[2023] EWHC 3112 (Admin)
Parties
Claimant/appellant: David Owusu Yianoma; Defendant/respondent: Bar Standards Board
Jurisdiction
England and Wales
Judgment Date
04 December 2023
Procedural Posture
Appeal (administrative) / Ruling on Costs After Appeal Judgment
Outcome
Each party to bear their own costs of the appeal.
Legal Topics
Costs in Regulatory Appeals, Disciplinary Proceedings, Public Interest in Professional Regulation
Administrative Law Professional Discipline Regulatory Law Costs in Regulatory Appeals Disciplinary Proceedings Public Interest in Professional Regulation

Case Brief

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Parties

David Owusu Yianoma

Claimant/appellant

Bar Standards Board

Defendant/respondent

Procedural Posture

Appeal (administrative) / Ruling on Costs After Appeal Judgment

Legal Issues

  1. 1 Whether costs should be awarded against the Bar Standards Board in a regulatory appeal where the sanction was varied but the appeal was not wholly successful

Ratio Decidendi

Given the BSB's regulatory role, funding structure, the seriousness of the admitted misconduct, the limited success of the appeal, and the risk of a chilling effect on regulatory functions, the fair order is that each party should bear their own costs of the appeal.

Court Disposition

Each party to bear their own costs of the appeal.

Orders

  • No order as to costs; each party to bear their own costs of the appeal.