Selva Ramasamy KC was instructed to defend a barrister in proceedings brought by the Bar Standards Board before the Bar Tribunal and Adjudication Service. Barrister B faced allegations of professional misconduct. He was alleged to have acted in a misleading and dishonest way in submitting appeal documents to the Court of Appeal in which he purported to have complied with his obligations as fresh appeal counsel, in accordance with the relevant guidance in R v McCook, when in fact he had not. Following a contested hearing, the Tribunal found the allegations of dishonesty not proven. The barrister had explained how he had acted under extreme pressure of time, and had admitted reckless misleading in those circumstances, having failed to acquaint himself with the precise requirements in the guidance.The Tribunal imposed a period of suspension of 12 months.
Selva then appealed this decision in proceedings before the High Court, arguing that the period of suspension was excessive. On 7 November 2023 the High Court agreed with Selva’s submissions, holding that the Tribunal had failed to give sufficient weight to the mitigating factors in the case. The sanction was reduced to a period of six months.
[2023] EWHC 2785 (Admin).
Selva was instructed by Julie Norris at Kingsley Napley.
Selva Ramasamy KC