21 May 2018

What if you are unhappy about the outcome?

Decisions made by us

 

You do not have a right to appeal a decision by the Professional Conduct Committee to pass the complaint on to the Bar Tribunals and Adjudication Service to arrange a disciplinary hearing. However, we can look again at the decision if you have new evidence we haven't seen before or for another good reason. This might be, for example, where staff or members of the Professional Conduct Committee made a mistake and didn't look properly at existing evidence or parts of the complaint or where case law was not taken properly into account. We cannot look again at the decision just because you disagree with it.

You do however have the right to appeal a decision by the Professional Conduct Committee to fine you or send you a formal warning. It costs £100 to request an appeal (this can generally be refunded if you are successful) and you must ask for it within 28 days of the date of the letter informing you of the fine/written warning.

If you appeal, the decision will be looked at by a senior decision maker at the Bar Standards Board.  If they decide there is clear merit in your appeal the fine or formal warning may be withdrawn and the complaint dismissed.  If they decide there is no obvious reason to overturn the sanction, the appeal will be passed to the Bar Tribunal and Adjudication Service. Appeals are normally carried out on the papers, although you can request an oral hearing. 

 

Decisions made by a Disciplinary Tribunal

 

You can appeal the findings made by a Disciplinary Tribunal and/or the sentence imposed. Your appeal will be heard by the High Court. You must lodge an appeal within 21 days of the Tribunal's decision. At the time of writing, the fee is £240. A copy of the stamped appellant's notice must also be served within seven days. For further information on the appeals process see our Guidance on appeals.

 

If you are unhappy with how we have dealt with the complaint about you

 

If you would like to make a complaint about how we have handled the complaint about you or any action by our staff, you should use our service complaints procedure.

You can make a complaint about any aspect of our service.  See Complaints about our staff for details of how to use our complaints procedure.

 

Disclaimer

The information in these pages applies to barristers, and other people we regulate, in England and Wales.

The law that regulates barristers and lawyers is complicated. We have simplified things to give you an idea of how it applies to your situation. Please don't rely on these pages as a complete statement of the law.

The quotes and cases we refer to are not always real but show a typical situation. We hope they help you to understand the system better and think about what might happen to the complaint.