Garnham v Bar Standards Board

Garnham v Bar Standards Board

A conviction under section 112 does not necessarily involve dishonesty for the purposes of barristers' disciplinary proceedings. The Bar Tribunal's reasoning was inadequate, factually confused, and failed to consider that the conduct predated call to the Bar. The appeal against conviction and disbarment is allowed; the appeal against the finding of failure to self-report is dismissed.

Parties
Appellant: Garnham; Respondent: Bar Standards Board
Jurisdiction
England and Wales
Judgment Date
21 March 2017
Procedural Posture
Judicial Review / Statutory Appeal / Judgment on Appeal From Bar Tribunal
Outcome
Appeal allowed in part, dismissed in part
Legal Topics
Dishonesty, False Representation, Professional Misconduct, Self Reporting Obligations, Jurisdiction of Regulatory Bodies
Professional Discipline Criminal Law Administrative Law Dishonesty False Representation Professional Misconduct Self Reporting Obligations Jurisdiction of Regulatory Bodies

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Parties

Garnham

Appellant

Bar Standards Board

Respondent

Procedural Posture

Judicial Review / Statutory Appeal / Judgment on Appeal From Bar Tribunal

Legal Issues

  1. 1 Does a conviction under section 112 of the Social Security Administration Act 1992 necessarily involve dishonesty for the purposes of barristers' disciplinary proceedings?
  2. 2 Can conduct occurring before call to the Bar constitute professional misconduct?
  3. 3 Did the Bar Tribunal err in its reasoning and findings regarding dishonesty and jurisdiction?

Ratio Decidendi

A conviction under section 112 does not necessarily involve dishonesty for the purposes of barristers' disciplinary proceedings. The Bar Tribunal's reasoning was inadequate, factually confused, and failed to consider that the conduct predated call to the Bar. The appeal against conviction and disbarment is allowed; the appeal against the finding of failure to self-report is dismissed.

Court Disposition

Appeal allowed in part, dismissed in part

Orders

  • Appeal against conviction and disbarment allowed; sentence of disbarment set aside
  • Appeal against finding of failure to self-report dismissed; appellant must pay the fine