McCarthy v Bar Standards Board

McCarthy v Bar Standards Board

No fair-minded and informed observer would conclude there was a real possibility of bias; the BSB press release did not deprive the Appellant of a fair hearing; the Tribunal correctly applied the Sentencing Guidance and disbarment was proportionate given the seriousness of the misconduct.

Source-derived case information.

Parties
Appellant: Damian McCarthy; Respondent: Bar Standards Board
Jurisdiction
England and Wales
Judgment Date
02 May 2017
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Bias, Sanction, Presumption of Innocence, Disciplinary Proceedings, Judicial Review
Professional Discipline Administrative Law Bias Sanction Presumption of Innocence Disciplinary Proceedings Judicial Review

Source-derived case record

Summary, issues, holding and outcome

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Parties

Damian McCarthy

Appellant

Bar Standards Board

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Tribunal's decision was tainted by apparent bias
  2. 2 Whether the BSB press release violated the presumption of innocence and affected fairness
  3. 3 Whether the sanction of disbarment was proportionate

Ratio Decidendi

No fair-minded and informed observer would conclude there was a real possibility of bias; the BSB press release did not deprive the Appellant of a fair hearing; the Tribunal correctly applied the Sentencing Guidance and disbarment was proportionate given the seriousness of the misconduct.

Court Disposition

Appeal dismissed

Orders

  • Sanction of disbarment upheld
  • No further relief granted