Bar Standards Board v Howd

Bar Standards Board v Howd

The Tribunal erred in its interpretation and application of the medical evidence, and misapplied the meaning of 'integrity' under Core Duty 3. The conduct, while inappropriate and at times offensive, was a consequence of Mr Howd's medical condition and did not reach the threshold of serious professional misconduct. The findings of guilt cannot stand.

Parties
Appellant/respondent: Bar Standards Board; Appellant/respondent: Stephen Howd
Jurisdiction
England and Wales
Judgment Date
14 February 2017
Procedural Posture
Disciplinary Appeal / High Court Judgment on Appeal From Disciplinary Tribunal
Outcome
appeal allowed; findings of guilt set aside; cross-appeal on sanction dismissed
Legal Topics
Professional Misconduct, Barristers' Code of Conduct, Appeals, Standards of Integrity, Seriousness Threshold for Misconduct
Professional Discipline Regulatory Law Professional Misconduct Barristers' Code of Conduct Appeals Standards of Integrity Seriousness Threshold for Misconduct

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Parties

Bar Standards Board

Appellant/respondent

Stephen Howd

Appellant/respondent

Procedural Posture

Disciplinary Appeal / High Court Judgment on Appeal From Disciplinary Tribunal

Legal Issues

  1. 1 Whether the Tribunal misapplied medical evidence regarding Mr Howd's condition
  2. 2 Whether the Tribunal erred in its assessment of witness credibility
  3. 3 Whether Core Duty 3 (integrity) and Core Duty 5 (public trust) were properly engaged by the conduct at issue

Ratio Decidendi

The Tribunal erred in its interpretation and application of the medical evidence, and misapplied the meaning of 'integrity' under Core Duty 3. The conduct, while inappropriate and at times offensive, was a consequence of Mr Howd's medical condition and did not reach the threshold of serious professional misconduct. The findings of guilt cannot stand.

Court Disposition

appeal allowed; findings of guilt set aside; cross-appeal on sanction dismissed

Orders

  • Findings of guilt against Mr Howd set aside
  • Bar Standards Board's appeal against sanction dismissed