McCarthy v Bar Standards Board [2017] EWHC 969 (Admin) (02 May 2017)

McCarthy v Bar Standards Board [2017] EWHC 969 (Admin) (02 May 2017)

No fair-minded and informed observer would conclude there was a real possibility of bias from the Chair's prior association; the BSB press release did not deprive the Appellant of a fair trial or violate the presumption of innocence; the sanction of disbarment was fair and proportionate given the seriousness of the...

Source-derived case information.

Citation
[2017] EWHC 969 (Admin)
Parties
Appellant: Damian McCarthy; Respondent: Bar Standards Board
Jurisdiction
England and Wales
Judgment Date
02 May 2017
Procedural Posture
Appeal From Disciplinary Tribunal (professional Misconduct) / High Court Administrative Review
Outcome
Appeal dismissed
Legal Topics
Apparent Bias, Presumption of Innocence, Sanction for Professional Misconduct, Disciplinary Tribunal Procedure
Professional Discipline Administrative Law Apparent Bias Presumption of Innocence Sanction for Professional Misconduct Disciplinary Tribunal Procedure

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Summary, issues, holding and outcome

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Parties

Damian McCarthy

Appellant

Bar Standards Board

Respondent

Procedural Posture

Appeal From Disciplinary Tribunal (professional Misconduct) / High Court Administrative Review

Legal Issues

  1. 1 Whether the Tribunal was tainted by apparent bias due to connections between its Chair and a previous Tribunal Chair
  2. 2 Whether a press release by the BSB breached the presumption of innocence and improperly influenced the Tribunal
  3. 3 Whether the sanction of disbarment was fair and proportionate

Ratio Decidendi

No fair-minded and informed observer would conclude there was a real possibility of bias from the Chair's prior association; the BSB press release did not deprive the Appellant of a fair trial or violate the presumption of innocence; the sanction of disbarment was fair and proportionate given the seriousness of the misconduct and absence of sufficient mitigating factors.

Court Disposition

Appeal dismissed

Orders

  • Sanction of disbarment upheld
  • No order for rehearing or reconsideration