Jeremy Barnett MBL lecture on Interventions and SRA internal hearings

Jeremy Barnett is joining a group of distinguished speakers for an MBL conference on SRA Regulation and Professional Conduct. He will be dealing with the difficult subject of interventions, where the Law Society decide to close down a law firm where they have reason to suspect dishonesty or other serious conduct breaches. 

He will also be covering appeals against internal SRA decisions, and appeals against those decisions.



Introduction

Chaired by Kenneth Hamer of Henderson Chambers, this conference will provide an update on the latest professional disciplinary case law with particular focus on the New Code of Conduct, PII provisions, defending disciplinary claims, interventions and the latest on price transparency.

Conference Agenda

This Conference will cover the following topics:

9.30am – 10.15am SRA Handbook Update & Price Transparency

Iain Miller, Partner, Kingsley Napley

This session will cover the recent changes to the SRA Handbook – and in particular all you need to know about the new SRA price transparency rules.

• SRA application notice review
• Appeals rules
• SRA transparency rules
• New provisions to reflect or facilitate changes in legal services
• Multi-disciplinary practices
• Self-employed solicitors
• Reserved legal services

10.15am – 11.00am The SRA’s New Code of Conduct 2018

Julie Norris, Partner, Kingsley Napley

This session will explore the overhaul to the Code of Conduct with a focus on what to expect.

The session will cover:

• The simplification of the current structure explained – sections, chapters, outcomes, indicative behaviours
• Core standards – ‘the golden thread running through what it means to be a solicitor’
• Conflict of interests – when you should not act, when you may act and the conditions for acting
• Reserved legal services

11.15am – 12.00 How to Defend Disciplinary Proceedings

Mark Cunningham QC, Maitland Chambers

This session will address the following topics relating to defending disciplinary proceedings:

• Understanding the allegations
• Procedural considerations and opportunities
• Written evidence
• Oral evidence
• Sanctions
• Costs

12.00 – 12.45pm Proposed Changes to the PII Regime

Susanna Heley, Partner, RadcliffesLeBrasseur

The SRA has consulted, once again, on controversial sweeping changes to the professional indemnity insurance regime. Despite the LSB’s rejection of proposals to reduce minimum cover levels in 2014, the SRA continues to pursue changes to PII requirements.

With the imminent closure of SIF and the prospect of further controversial changes to both the minimum level of PII cover and the compensation fund, this session will consider the issues you need to be aware of and the steps firms should be taking to protect themselves.

• What are the proposed changes?
• Why does everyone except the SRA think that the changes are a really bad idea?
• Why this is not just a small firm issue
• Setting cover levels in the wake of Dreamvar (UK) Ltd
• Minimum cover vs top up cover – the value of combined purchasing power
• Aggregation: spotlight on dubious investment schemes
• The MTC and cybercrime
• Insuring against the costs of regulatory investigations

12.45 – 1.00pm Questions on Morning Session

2.00pm – 2.45pm Interventions – An Update

Jeremy Barnett, Barrister, Gough Square and St Paul’s Chambers

This session will explore interventions and other SRA Committee decisions and will cover the following:

• Interventions: The grounds for an intervention
• ‘Reason to suspect dishonesty’
• Relevant case law including Elsdon v Law Society and Ramasmay v Law Society
• Application for a stay
• Costs
• Publication
• Other SRA hearings
• Categories of decisions
• Majority of FIDs made by and adjudicator or panel ( see schedule of delegated powers)
• Review and Appeals
• Must exhaust internal reviews first
• Appeals lay to
• High Court
• SDT
• Admin Court by JR
• Process
• Appeal

2.45pm – 3.45pm Recent Decisions of the Courts

Chair: Kenneth Hamer, Henderson Chambers

This session will provide an update on all recent and important professional disciplinary case law and how it applies in practice.