Rahman v Bar Standards Board, Employment Appeals Tribunal

Unreported

Although this case does not set a precedent for disciplinary cases before fitness to practise panels and disciplinary committees, it is interesting as there was a finding that a tribunal of the Inns of Court was entitled to rely on dishonesty as a ground for finding that a barrister’s conduct was discreditable, even when dishonesty had not appeared in the charge against him.

It was accepted that, following Singleton v Law Society [2005] EWHC2915 (QB), an allegation of dishonesty in disciplinary proceedings should ordinarily appear in the charge. However in this case, given the findings of fact made by the tribunal, including that the respondent had lied about sending a cheque in payment of a debt owed by him, it had been justified in taking that into account when determining that his conduct was discreditable. Accordingly, there had been no procedural unfairness.