Hewson v Bar Standards Board

Hewson v Bar Standards Board

The court allowed the appeal and reduced the suspension to one year because the appellant's terminal illness was a significant mitigating factor not before the tribunal. The consent order dismissing the first appeal was set aside with the respondent's agreement, and the new evidence justified a shorter suspension.

Parties
Appellant: Barbara Mary Hewson; Respondent: Bar Standards Board
Jurisdiction
England and Wales
Judgment Date
08 January 2021
Procedural Posture
Disciplinary Appeal / Judgment on Second Appeal
Outcome
appeal allowed
Legal Topics
Disciplinary Sanctions, Appeals Procedure, Mitigation, Fresh Evidence
Professional Discipline Administrative Law Disciplinary Sanctions Appeals Procedure Mitigation Fresh Evidence

Case Brief

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Parties

Barbara Mary Hewson

Appellant

Bar Standards Board

Respondent

Procedural Posture

Disciplinary Appeal / Judgment on Second Appeal

Legal Issues

  1. 1 Whether the court should set aside a consent order dismissing a previous appeal to allow a second appeal based on new evidence of terminal illness
  2. 2 Whether the sanction of a two-year suspension was unduly harsh in light of the appellant's terminal diagnosis

Ratio Decidendi

The court allowed the appeal and reduced the suspension to one year because the appellant's terminal illness was a significant mitigating factor not before the tribunal. The consent order dismissing the first appeal was set aside with the respondent's agreement, and the new evidence justified a shorter suspension.

Court Disposition

appeal allowed

Orders

  • Consent order dismissing first appeal set aside
  • Suspension reduced from two years to one year