Sukul v Bar Standards Board

Sukul v Bar Standards Board

The tribunal erred by proceeding to sentence without affording the appellant an opportunity to make representations in mitigation; the sanction of disbarment was not inevitable and the matter should be remitted to a differently constituted tribunal for reconsideration of sanction.

Parties
Appellant: Sukul; Respondent: Bar Standards Board
Jurisdiction
England and Wales
Judgment Date
02 October 2014
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Professional Misconduct, Disbarment, Tribunal Procedure, Mitigation, Appeal Out of Time
Professional Discipline Criminal Law Professional Misconduct Disbarment Tribunal Procedure Mitigation Appeal Out of Time

Case Brief

Summary, issues, holding and outcome

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Parties

Sukul

Appellant

Bar Standards Board

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the tribunal erred by proceeding to sentence without affording the appellant an opportunity to make representations in mitigation
  2. 2 Whether disbarment was an inevitable sanction for charge 1

Ratio Decidendi

The tribunal erred by proceeding to sentence without affording the appellant an opportunity to make representations in mitigation; the sanction of disbarment was not inevitable and the matter should be remitted to a differently constituted tribunal for reconsideration of sanction.

Court Disposition

appeal allowed

Orders

  • Leave to appeal out of time against sanction granted
  • Sentence of disbarment on charge 1 quashed