McCarthy v Visitors To The Inns of Court and Another: Admn 25 Oct 2013

The claimant barrister sought judicial review of his disbarrment. The Board of Visitors had found that he had dishonestly fabricated documents relating to correspondence with a client. He now said that the proceedings had been unfair, in that an earlier inconsistent statement of a witness had not been provided to him.
Held: The Visitors had misunderstood the duty to disclose the earlier statement, and had been urged in this by the Board. Moses LJ said: ‘it seems to me beyond question that in disciplinary proceedings with the potential for such grave consequences, draft statements capable of being used to discredit a witness should be disclosed.’ However, the central findings were not undermined by the failure. The appeal failed.

Moses LJ
[2013] EWHC 3253 (Admin)
CitedRegina v Visitors to the Inns of Court ex parte Calder CA 1993
Two barristers had been struck off for disciplinary offences. Their appeals were heard by three High Court judges sitting as Visitors, who dismissed the appeals. The barristers now sought judicial review of that decision.
Held: Justices . .

Cited by:
Appeal fromMcCarthy, Regina (on The Application of) v The Visitors To The Inns of Court and Another CA 20-Jan-2015
The court was asked whether the decision of the Visitors to the Inns of Court dismissing Mr McCarthy’s appeal from the Bar Disciplinary Tribunal should be quashed with a view to the underlying matter being remitted to the Tribunal. The Tribunal . .

Lists of cited by and citing cases may be incomplete.

Natural Justice, Legal Professions

Updated: 22 November 2021; Ref: scu.517005