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Disciplinary and Regulatory Proceedings is the leading work on this important and dynamic area of law. For 20 years it has provided authoritative guidance to lawyers, tribunals, and other experts dealing with professional discipline and regulation.

Dishonesty in Disciplinary Proceedings

The decision of the Court of Appeal in Bultitude (Bultitude v Law Society [2004] EWCA Civ 1853) stands as binding authority that the test to be applied in the context of solicitors' disciplinary proceedings is the Twinsectra test (Twinsectra Limited v Yardley and Others [2002] UKHL 12) as it was widely understood before Barlow Clowes (Barlow Clowes International Ltd & Anor v Eurotrust International Ltd & Ors (Isle of Man) [2005] UKPC 37), that is a test that includes the separate subjective element. The fact that the Privy Council in Barlow Clowes has subsequently placed a different interpretation on Twinsectra for the purposes of the accessory liability principle does not alter the substance of the test accepted in Bultitude and does not call for any departure from that test. Bryant & Anor v The Law Society [2007] EWHC 3043 (Admin). (Approving Donkin v The Law Society [2007] EWHC 414 (Admin).)

 

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