Moving on up
Last month, as part of looking forward to 2019, we looked back at the lessons from the SDT’s costs decision in the SRA’s case against Leigh Day. In this second reflection in the series, we’ll be taking a look at the judicial pronouncements made when the Leigh Day case went up to the Divisional Court on appeal.
The High Court judgment is not just instructive to advisers in the regulatory and disciplinary field, but to legal professionals more generally. This is because as well as setting out at the appellate court’s approach to an appeal from the SDT, the judgment also contains important messages about the seriousness and culpability required when evaluating whether a breach of the principles has taken place. The allegations against Leigh Day spanned the 2007 and 2011 regulatory regimes and the appeal judges were required to consider how the tribunal had reached its decision in relation to the two sets of rules. This indicates that the view formed by the appellate court will continue to be instructive when the rules change again later this year TO READ THE FULL ARTICLE CLICK HERE