The SDT to Move to a Civil Standard of Proof

In 2020 the number of cases is expected to increase sharply, after the Solicitors Disciplinary Tribunal (SDT) moves to a new civil standard of proof from the end of this year. The tribunal acknowledged in its application to make the change that more cases should be referred under the lesser standard.

Jeremy Barnett represents a number of firms of solicitors and individual partners and other members of staff faced with investigations by the Solicitors Regulation Authority [SRA]. Advice has been given to major law firms, medium size practices and sole practitioners on a range of issues that include acting with integrity, acting in the best interests of clients, and various compliance including conflicts of interest, self-reporting, mortgage fraud and financial services.

Jeremy is currently instructed in 4 separate cases before the SDT. In two of these, he represents a number of solicitors as a specialist disciplinary lawyer, who face allegations in respect of non-payment of the Assigned Risks Pool premium [ARP] and associated run-off cover, following the administration of their solicitors’ practice. He is also advising a number of firms Referral Fees, new CFA and DPAs and projects to set up an ABS.

Interventions

Jeremy has appeared in the following High Court decisions on interventions:

• Esdon v Law Society High Court March 2015 Application to withdraw Intervention.
• High Court decision March 2016 in Ramasamy v Law Society

Published Decisions

• Maistry v SRA [2012] EWHC 3041  Administrative Court  Cranston J. appeal against small fine
• E Williams, S Williams, P Carter and D Maxwell. Law Soc Gazette 27.9.12 ARP non-payment. Small fines exceptional circumstances
• Harris and Co Law Soc Gazette 4.1.13 – Intervention
• J Jacobs Law Soc Gazette 8.4.13 – Sole practitioner targeted by fraudsters. Mitigation accepted in full. Small fine.

Call Jeremy Barnett’s clerk, Jayne Drake on 0113 2455866 for more information.