Category: Legal Professionals

Legal professionals study, develop and apply law

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Law Commission of England and Wales

Law Commission

The Law Commission of England and Wales stands as a cornerstone of legal reform in the United Kingdom, tasked with the continuous review and recommendation of changes to the law to ensure it remains fair, modern, simple, and cost-effective. Established by the Law Commissions Act 1965, this independent body operates under the umbrella of the Ministry of Justice but conducts its work with autonomy, aiming to streamline and update the legal framework for the benefit of society.

The Law Commission Slogan is “Reforming the Law”

Purpose and Function

  • Law Review: The primary function of the Law Commission is to keep the law under review. This involves identifying areas where the law might be outdated, complex, or inefficient, and suggesting reforms.
  • Public Consultation: Before finalizing recommendations, the Commission engages in extensive public consultation. This democratic process ensures that stakeholders, from legal professionals to the general public, have an opportunity to influence the law’s direction.
  • Recommendations and Legislation: Following consultation, the Commission submits its recommendations to Parliament. These recommendations often lead to new legislation or amendments to existing laws, demonstrating the Commission’s significant impact on legal policy.
  • Projects: The Commission’s work spans across various legal domains including criminal law, property law, family law, among others. Each project is carefully selected based on necessity, impact, and feasibility.

From time to time we consult widely to help us draw up a new programme of law reform. The Law Commissions Act 1965 requires the Commission to submit “programmes for the examination of different branches of the law” to the Lord Chancellor for his approval before undertaking new work.

Before deciding which projects to take forward, the Law Commission takes views from judges, lawyers, Government Departments, the voluntary and business sectors, and the general public.

We also take on projects that are referred to us by Government Departments.

How We Work – The Law Commission

Structure and Governance

The Commission is led by a Chairman, currently Sir Peter Fraser, supported by four Commissioners, a Chief Executive, Non-Executive Board Members, and a team that includes legal experts, policy analysts, and research staff. This structure facilitates a multidisciplinary approach to law reform, ensuring that legal changes are both practical and theoretically sound.

  • Independence: While sponsored by the Ministry of Justice, the Commission’s independence is crucial. It operates free from political interference, allowing for impartial law reform.
  • Funding and Approval: The Law Commission’s work programs are approved by the Lord Chancellor, but day-to-day operations and project decisions remain within the Commission’s purview.

The Law Commission’s work is often behind the scenes but profoundly impacts everyday legal practices and public policy. Approximately 70% of its recommendations have been enacted or accepted by the government, showcasing its effectiveness in driving legal reform.

Public Perception and Engagement

Public engagement with the Law Commission’s initiatives, as reflected from discussions online, shows a mix of support for its efforts towards transparency and modernisation, alongside criticisms or concerns regarding specific reforms or government interactions with its recommendations. This dialogue underscores the Commission’s role not just as a reformer but also as a bridge between the public and the legal system.

Contact the Law Commission

Phone:  020 3334 0200
Email:  [email protected]
X (Twitter): @Law_Commission
Fax:  020 3334 0201
Address:  1st Floor, Tower, 52 Queen Anne’s Gate, London SW1H 9AG

The Law Commission publish the latest news on their website.

The Law Commission of England and Wales is more than just a body for legal reform; it represents the evolving nature of law in response to societal changes. By continuously reviewing and suggesting changes, it plays a vital role in ensuring that the legal system remains relevant, accessible, and just. For anyone interested in the mechanics of law-making or the evolution of legal thought, understanding the Law Commission provides insight into how laws are not just created but are continuously refined for the contemporary world.

Check out our related articles on Law Society, Solicitors, Solicitors Regulation Authority, Barristers, Bar Council of England and Wales, Bar Standards Board, Legal Ombudsman, Rule of Law, Open Justice and the highly questionable Sussex Family Justice Board.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

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Council of the Inns of Court (COIC)

Council of the Inns of Court

The Council of the Inns of Court (COIC), established as a charitable organization in 2014, plays a pivotal role in the legal community of the United Kingdom by overseeing professional standards and advocacy training for barristers. Based in London, COIC operates under the aegis of four historic Inns of Court—Lincoln’s Inn, Inner Temple, Middle Temple, and Gray’s Inn, each of which has its roots deeply embedded in centuries of legal tradition.

Structure and Leadership

The COIC is governed by a board comprising distinguished members from the legal field, including Anne Sharp CBE, Greg Dorey CVO, Christopher Ghika KCVO CBE, Marion Smith KC, and Brigadier Stephen Cartwright OBE. This diverse leadership reflects the Council’s commitment to a broad spectrum of legal expertise and administrative oversight. The recent appointment of Andy Russell as the new Director of COIC in August 2024 marks a new chapter in its operational direction, following the commendable tenure of his predecessor, James Wakefield.

  • The Rt. Hon. Lord Justice Green (President)
  • Janet Bignell KC, Lincoln’s Inn
  • Anne Sharp CBE, Under Treasurer of Lincoln’s Inn
  • Judge Jill Frances, Inner Temple
  • Greg Dorey CVO, Sub-Treasurer of the Inner Temple
  • Chantal-Aimee Doerries KC, Middle Temple
  • Christopher Ghika KCVO CBE, Under Treasurer of Middle Temple
  • Marion Smith KC, Gray’s Inn
  • Brigadier Stephen Cartwright OBE, Under Treasurer of Gray’s Inn
Current Board members of the Council of the Inns of Court

Operational Arms

Under the COIC’s umbrella, two significant bodies operate:

  • The Bar Tribunal and Adjudication Service (BTAS): This entity manages the disciplinary proceedings for barristers. It’s responsible for ensuring that members of the bar adhere to the highest standards of professional conduct. Recent updates to the sanctions guidelines by BTAS reflect a meticulous review of disciplinary practices, aiming for consistency and fairness in legal accountability.
  • The Inns of Court College of Advocacy (ICCA): Committed to educational excellence, ICCA provides training not just for barristers but also for future legal professionals. Its focus on advocacy skills and professional ethics positions it as a hub for legal education, with initiatives like the ICCA Bar Course, which is validated by King’s College London, underscoring its academic rigor.

Mission and Impact

COIC’s mission is rooted in promoting the rule of law through advocacy excellence. By facilitating training, setting standards, and responding to legal consultations, COIC influences the broader legal landscape beyond the immediate confines of the Inns. Its efforts ensure that advocacy remains a cornerstone of justice, with a commitment to high ethical standards.

Founded by the Inns of Court, COIC works with them in strengthening the rule of law through excellence in professional and ethical education and in maintaining the highest standards of professional conduct. In practice this means that COIC will seek to promote:

• excellence in advocacy and professional knowledge
• ethical practice and integrity
• an accessible, diverse, and inclusive profession
• a collaborative profession.

Statement of purpose – Council of the Inns of Court

Historical Context and Cultural Significance

The Inns of Court, where COIC is deeply integrated, have historical ties not only to legal education but also to cultural and theatrical activities during the English Renaissance. This rich heritage underscores the COIC’s role not just as a regulatory body but as a custodian of legal tradition and culture.

The Council of the Inns of Court, through its structured governance, educational initiatives, and disciplinary oversight, continues to be a vital institution for the legal profession in the UK. Its operations ensure that the legal practitioners are not only well-trained but also held to a standard that upholds the integrity of the law.

As the COIC moves forward under new leadership, its role in shaping the future of advocacy and legal ethics remains as crucial as ever, maintaining the delicate balance between tradition and modernity in the legal world.

Check out our articles on Barristers, Direct Access Barristers, Inns of Court, Bar Standards Board, Bar Council, Law Society, Legal Services Board, Rule of Law, Lincoln’s Inn and the highly questionable Sussex Family Justice Board.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

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Bar Tribunal and Adjudication Services

The Bar Tribunal and Adjudication Services

The Bar Tribunal and Adjudication Services (BTAS) is an organisation responsible for managing the disciplinary process for barristers in England and Wales.

The Bar Tribunal and Adjudication Service’s role in recruiting, appointing and administering all Disciplinary panels safeguards the independence of the panels within the disciplinary process.

  • Purpose and Function: The Bar Tribunal and Adjudication Services is tasked with appointing and administering various types of hearings, including Disciplinary Tribunals for barristers accused of professional misconduct, Interim Suspension Hearings, Fitness to Practise Hearings, and hearings related to the Inns’ Conduct Committee (ICC) for student members or applicants to the Inns of Court. These hearings ensure that the professional standards of barristers are maintained and that any misconduct is appropriately addressed.

Since its creation in 1986 and as a result of a Resolution of the Judges dated 26 November 1986, the Council of the Inns of Court (“COIC”) has been the body responsible for recruiting, appointing and administering Bar disciplinary panels.  It does so in accordance with its constitution, which specifies that Disciplinary Tribunals shall be appointed in accordance with the provisions of the Disciplinary Tribunal Regulations.  On behalf of the President of the Council of the Inns of Court, the Bar Tribunal and Adjudication Service (BTAS) is responsible for appointing and administering Disciplinary Tribunals and other panels.

As a result of the Legal Services Act 2007, the Bar Standards Board has responsibility for disciplinary arrangements for barristers.  From 2010-13 an informal Memorandum of Understanding existed between COIC and the Bar Standards Board on disciplinary matters.  The Memorandum was replaced on 23 October 2013 by a formal Service Agreement between COIC and the Bar Standards Board which relates to the services that BTAS now provides in relation to disciplinary tribunals. 

How we are governed – The Bar Tribunal and Adjudication Services
  • Structure and Operation:
    • BTAS operates on behalf of the President of the Council of the Inns of Court (COIC). It handles the logistics of hearings, ensuring they are conducted fairly and efficiently.
    • Hearings can be held in public unless there’s a specific order for privacy. This openness allows for transparency, which is crucial for maintaining public trust in the legal profession.
  • Sanctions and Guidance:
    • BTAS has introduced new sanctions guidance, effective from January 1, 2022, which includes a more structured approach to sanctions, revised levels for fines and suspensions, and new categories for types of misconduct. This guidance aims to ensure consistency and proportionality in sanctions for misconduct, reflecting a broader review of disciplinary practices.
  • Public Access and Transparency:
    • Findings and sanctions from disciplinary hearings are published on the BTAS website, adhering to a publication policy. This information is available for public scrutiny, enhancing accountability within the profession. However, findings are typically removed after two years unless they involve significant sanctions like suspension or disbarment.
  • Critical Perspective:
    • While BTAS plays a crucial role in maintaining professional standards, discussions online reflect a broader societal and professional discourse on the nature of legal representation, the ethics of the profession, and the adequacy of regulatory mechanisms. This includes critiques on the structure of legal education, the economic aspects of legal practice, and the moral responsibilities of barristers.

On behalf of the President of the Council of the Inns of Court, the Bar Tribunal and Adjudication Service (BTAS) is responsible for appointing and administering:

The Bar Standards Board investigates and prosecutes breaches of the Handbook Core Duties and Rules of the Bar of England and Wales.

What we do – The Bar Tribunal and Adjudication Services

The Bar Tribunal and Adjudication Services is pivotal in upholding the disciplinary framework for barristers in England and Wales, ensuring that the profession adheres to high ethical and professional standards through a transparent and structured process of adjudication.

Check out our articles on Barristers, Direct Access Barristers, Inns of Court, Council of the Inns of Court, Bar Standards Board, Bar Council, Law Society, Law Commission, Legal Services Board, Rule of Law, Lincoln’s Inn and the highly questionable Sussex Family Justice Board.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

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Solicitors Disciplinary Tribunal

Solicitors Disciplinary Tribunal

The Solicitors Disciplinary Tribunal (SDT) is an independent statutory body in the UK responsible for adjudicating on alleged breaches of the rules and regulations applicable to solicitors and their firms.

At the SDT, our duty is to maintain the public’s confidence in the reputation of the solicitor profession for honesty, probity, trustworthiness, independence, and integrity.

About Us – Solicitors Disciplinary Tribunal (SDT)
  • Purpose and Role: The SDT’s primary role is to maintain the public’s confidence in the solicitor profession by ensuring that its members adhere to standards of honesty, probity, trustworthiness, independence, and integrity. It handles cases where there might be serious misconduct that could warrant sanctions beyond what the Solicitors Regulation Authority (SRA) can impose, like striking off a solicitor from the roll or imposing unlimited fines.
  • Powers and Procedures:
    • The Tribunal can impose various sanctions including but not limited to suspension, striking off, unlimited fines, and orders for compensation or costs.
    • It operates independently of the SRA, although the SRA refers cases to the SDT when it deems the misconduct serious enough to potentially require sanctions it cannot itself impose.
    • Procedures are governed by specific rules like the Solicitors (Disciplinary Proceedings) Rules 2019, ensuring a structured approach to handling cases.
  • Referrals and Decision Making:
    • The SRA refers cases to the SDT when there’s a realistic prospect of the Tribunal making an order, and it’s in the public interest. This might occur when the misconduct is so severe that only the SDT’s sanctions would suffice, or when there’s a need for a public hearing to address significant issues affecting public confidence in the profession.
    • The SDT itself decides whether there’s a case to answer based on the evidence presented, setting a pre-listing day if necessary.
  • Public Interest and Accountability:
    • The involvement of the SDT often reflects not just on the individual solicitor but also on the broader profession’s reputation. Its decisions are crucial for maintaining high ethical standards and public trust in legal services.
  • Critical Examination: While the SDT’s role is to uphold professional standards, discussions online highlight criticisms or concerns regarding its decisions, the fairness of its processes, or its impact on legal practice freedom. However, these discussions should be viewed as part of a broader discourse on legal ethics and accountability rather than definitive critiques of the Tribunal’s operations.

The SDT publishes judgments and recent cases on its website.

Contact the SDT

Court Reception & Offices of the Clerk to the Tribunal
2nd Floor, 45 Ludgate Hill, London, EC4M 7JU

Tel: (020) 7329 4808 / Email: [email protected]

To make a complaint regarding services provided by the SDTAL, email [email protected].

We recommend you should always seek formal legal advice if required, from a qualified and reputable lawyer (solicitor or barrister).

We have a number of links to Free Legal Resources and Legal Organisations on our Free Legal Advice , Legal Aid and Pro Bono pages.

Check out our articles on Solicitors, Mayo Wynne Baxter Solicitors, Solicitors Regulation Authority (SRA), Solicitors from Hell, Barristers, Direct Access Barristers, Bar Standards Board, Bar Council, Law Society, Legal Services Board, Legal Ombudsman, Rule of Law and the highly questionable Sussex Family Justice Board.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

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Legal Professionals

Lincoln’s Inn Open House 2024

Lincoln’s Inn Open House 2024

On Saturday 14th September 2024, Lincoln’s Inn once again opened its doors to the public for Open House Festival. This was a rare opportunity to see spaces usually closed to the general public and learn more about the history of one of London’s most fascinating estates – for free.

As one of the four Inns of Court, Lincoln’s Inn houses a thriving community of barristers and is a bedrock of the Bar of England and Wales. Standing for more than 600 years, tradition intersects modernity on this 11-acre estate, which features Grade I and II listed buildings from the mediaeval, Victorian and Georgian periods, state-of-the-art teaching and conference spaces, and lush gardens. Make your way around the Inn at your own pace, and immerse yourself in the estate’s history at one of our free talks.

The Honourable Society of Lincoln’s Inn Open House 2024

Photos from the Lincoln’s Inn Open House 2024

Click any photo for a full size image from the Lincoln’s Inn Open House

Check out our related articles on Inns of Court, Council of the Inns of Court, Barristers, Direct Access Barrister, Bar Standards Board, Bar Tribunal and Adjudication Services, Bar Council, Barristers Behaving Badly, The Secret Barrister, Rule of Law, Open Justice and the highly questionable Sussex Family Justice Board.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

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Law Society of England and Wales

Law Society of England and Wales

The Law Society which is officially known as The Law Society of England and Wales, serves as the professional association representing solicitors within England and Wales. Their vision is to promote, protect and support solicitors, the rule of law and justice in England and Wales.

The Law Society has nothing to do with barristers in England and Wales. The Bar Council of England and Wales is the representative body for barristers in England and Wales.

Here are some key points about this venerable institution:

  1. Representation and Support: The Law Society acts as the voice of solicitors, advocating for their interests and providing essential support. Whether you’re a seasoned practitioner or a trainee solicitor, this organization has your back.
  2. Law Reform: Ever wonder who discusses and shapes legal reforms? Look no further. The Law Society serves as a sounding board for law reform initiatives. When policymakers consider changes to legal frameworks, the society provides valuable insights and recommendations.
  3. Services: Beyond advocacy, The Law Society offers a range of services to its members. These include professional development resources, access to legal publications, and networking opportunities. Whether you’re navigating complex legal issues or seeking career guidance, they’ve got you covered.
  4. Regulation: The Solicitors Regulation Authority (SRA) is the independent regulatory arm of The Law Society. It oversees the conduct and professional standards of solicitors. So, while The Law Society represents solicitors, the SRA ensures compliance with ethical and professional norms.
  5. Location: The Law Society’s headquarters reside at 113 Chancery Lane, London. If you ever find yourself strolling down that historic lane, you might just glimpse the legal minds at work.
  6. Diversity and Inclusion: The legal profession is evolving, and The Law Society actively promotes diversity and inclusion. They recognize that a diverse legal community enriches the practice of law and contributes to a fairer society.
  7. Campaigns: The society runs campaigns on various fronts. From advocating for legal aid funding to celebrating the contributions of solicitors with South Asian heritage, they’re committed to positive change.
  8. Legal Heroes: Imagine solicitors making a significant impact—transforming lives, communities, and society. The Legal Heroes initiative recognizes these unsung champions. They’re like legal caped crusaders, minus the spandex.
  9. Anti-Money Laundering: In an era of financial complexity, The Law Society provides guidance to solicitors on anti-money laundering measures. Because even superheroes need to keep their finances clean.
  10. Junior Solicitors Network: For junior solicitors navigating the early stages of their careers, this network offers support, camaraderie, and a safe space to discuss pressing issues.

The Law Society does not provide legal advice.

The Law Society publishes the official database of 201,691 legal professionals on the Find a Solicitor page on its website.

Check out our related articles on Solicitors, Solicitors Regulation Authority, Barristers, Bar Council of England and Wales, Bar Standards Board, Legal Ombudsman, Rule of Law, Open Justice and the highly questionable Sussex Family Justice Board.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

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Bar Council of England and Wales

Bar Council of England and Wales

The Bar Council of England and Wales is the representative body for barristers in England and Wales. It is said to be the voice of the barrister profession in England and Wales. The General Council of the Bar, is also commonly known as just the Bar Council.

The Bar Council of England and Wales slogan on their logo is “Justice For All”

The Bar Council of England and Wales has nothing to do with solicitors in England and Wales. The Law Society of England and Wales, serves as the professional association representing solicitors within England and Wales.

The Bar Council of England and Wales, represent and support the Bar in the public interest, championing the rule of law and access to justice. There are almost 18,000 members who are either self-employed or employed barristers. Together they “make up a united Bar that is strong, inclusive, independent and influential.”

As the General Council of the Bar, we’re the approved regulator for all practising barristers in England and Wales. We delegate our regulatory functions to the operationally independent Bar Standards Board (BSB).

Bar Council of England and Wales – About Us

The Secret Barrister and the BlackBelt Barrister are well known Barristers of England and Wales.

Here’s a detailed overview:

  • Purpose: It exists to promote, protect, and represent the interests of barristers, uphold the rule of law, and ensure the highest standards of practice within the profession.
  • Regulation: While the Bar Council has a role in setting standards and providing guidance, the regulatory functions for barristers are handled by the Bar Standards Board (BSB). The BSB is responsible for setting the academic, vocational, and professional training requirements for barristers, as well as overseeing their conduct and discipline.
  • Advocacy and Policy: The Bar Council advocates on behalf of the barristers on legal policy issues, law reform, and matters affecting the administration of justice. It engages with government, parliament, and other stakeholders to influence legal policy.
  • Support and Services: It offers various services to its members, including professional development, training, and support in career progression. It also provides resources and guidance on professional conduct and ethics.
  • Structure: The Bar Council is governed by a board elected by its members, which includes representatives from different sectors of the Bar, such as the employed Bar, self-employed Bar, and various practice areas.
  • Public Interest: Beyond the interests of barristers, the Bar Council also works to ensure that the public has access to justice, promoting pro bono work and initiatives that enhance legal services for those who might not otherwise afford them.
  • History: The Bar Council was established in 1894, reflecting the profession’s long-standing tradition and evolving role in the legal landscape of England and Wales.

The Bar makes a vital contribution to the efficient and effective operation of criminal and civil courts. It provides a pool of talent, from increasingly diverse backgrounds, from which a significant proportion of the judiciary is drawn, and on whose independence the rule of law and our democratic way of life depends.

Bar Council – About the Bar

Barristers are specialist legal advisers and court room advocates which are independent, objective and trained to advise clients on the strengths and weaknesses of their case.

The Bar Council plays a crucial role in maintaining the integrity and standards of the legal profession, ensuring that barristers adhere to a code of conduct that upholds the principles of justice, independence, and professionalism.

Check out our related articles on Barristers, Direct Access Barrister, Barristers Behaving Badly, Bar Tribunal and Adjudication Services, The Secret Barrister, Bar Standards Board, Inns of Court, Council of the Inns of Court, Rule of Law, Open Justice, Law Commission, Law Society and the highly questionable Sussex Family Justice Board.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

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What is Anti Money Laundering (AML)

Money Laundering

Money laundering is an illegal activity that involves making large sums of money, which is often generated through criminal endeavours, appear as though they come from legitimate sources.

Imagine this process as a sophisticated form of financial camouflage: the “dirty” money obtained from illicit activities (such as drug trafficking, underground sex work, terrorism, corruption, embezzlement, or gambling) undergoes a transformation to make it seem “clean.”

Here’s how it works:

  1. Illicit Origins: Criminals initially acquire funds through illegal means. These funds are considered “dirty” because their origin is tainted—think of them as the proceeds of crime.
  2. Layering: The money launderer then engages in a series of complex transactions to obscure its origin. This step is called “layering.” During layering, the funds are moved through various accounts, financial institutions, and jurisdictions. The goal is to create confusion and make it difficult for authorities to trace the money back to its criminal source.
  3. Integration: Finally, the laundered money is reintroduced into the financial system in a way that makes it appear legitimate. This step is known as “integration.” It might involve investing in property, purchasing luxury goods, or funding seemingly legitimate businesses. By the end of this process, the money looks like it came from legal activities.

Why Is Money Laundering a Problem?

  • Criminal Enablers: Money laundering enables criminals to enjoy the fruits of their illegal activities without raising suspicion.
  • Destabilizing Effects: It undermines the integrity of financial systems, weakens regulatory efforts, and can destabilize economies.
  • Funding Terrorism: Money laundering can also finance terrorist organizations, making it a matter of national security.

Legal and Regulatory Frameworks:

  • Many countries have specific laws and regulations to combat money laundering. These frameworks require financial institutions, businesses, and professionals (including solicitors) to implement preventive measures.
  • The United Kingdom defines money laundering as “the process by which the proceeds of crime are converted into assets which appear to have a legitimate origin, so that they can be retained permanently or recycled into further criminal enterprises..” It doesn’t necessarily involve only money; any economic good can be part of the laundering process.

This article delves into Anti-Money Laundering (AML) in the UK, focusing particularly on the responsibilities of solicitors, who are often at the forefront of transactions that could be exploited for laundering activities.

Legislative Framework

The United Kingdom is recognised as a high-risk country for money laundering and has implemented stringent regulations to combat financial crimes.

The cornerstone of Anti Money Laundering (AML) legislation in the UK is the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, which have been amended over time to address evolving threats. These regulations, alongside the Proceeds of Crime Act 2002 (POCA), form the basis of legal obligations for businesses, including law firms.

  • Proceeds of Crime Act 2002 (POCA) outlines the primary money laundering offenses, with severe penalties including up to 14 years imprisonment for individuals and unlimited fines for entities.
  • The Criminal Finances Act 2017 introduced further measures, including the corporate offense of failure to prevent tax evasion, though its enforcement has been criticised for being less rigorous.

Solicitors’ Responsibilities

Solicitors in the UK are not just legal advisors but also gatekeepers against financial misconduct. Here’s what they are expected to do:

  • Customer Due Diligence (CDD): Solicitors must verify the identity of clients, beneficial owners, and anyone acting on behalf of clients. This includes understanding the purpose of business relationships or transactions.
  • Ongoing Monitoring: They are required to monitor transactions for unusual patterns or activities that could indicate money laundering.
  • Risk Assessment: Firms must assess the risk of money laundering associated with their clients and services, implementing controls based on these assessments.
  • Training and Awareness: Continuous training for staff on AML laws and the firm’s policies is mandatory to ensure vigilance.
  • Reporting Suspicious Activity: Solicitors must report any suspicions of money laundering or terrorist financing to the National Crime Agency via Suspicious Activity Reports (SARs).
  • Record Keeping: Detailed records of client identities, transactions, and due diligence must be maintained for at least five years.

Solicitors have an ongoing duty to be vigilant and mindful of any suspicious activity throughout a transaction in relation to Money Laundering or Tax Avoidance.

What is Tax Evasion ?

  • Definition: Tax evasion is the illegal practice of not paying taxes that are due. This can involve under-reporting income, inflating deductions, hiding money in secret accounts, or failing to report all taxable income.
  • Purpose: The aim here is to reduce the amount of tax one has to pay, often by dishonest means.
  • Examples:
    • Not declaring cash income.
    • Not paying tax on a property sale
    • Deliberately understating profits or overstating expenses.
    • Using offshore accounts to hide income from tax authorities.

What is the Difference between Money Laundering and Tax Evasion ?

Money laundering is about legitimising illegally obtained funds. Tax evasion, on the other hand, is about avoiding payment of taxes on income or assets, whether legally or illegally obtained.

  • Legal Basis:
    • Money laundering often involves proceeds from other crimes, making it inherently linked to criminal activity.
    • Tax evasion can occur with legally earned income; the crime is in the act of evading taxes.
  • Regulatory Focus:
    • Money laundering laws are often aimed at combating organised crime, terrorism financing, and other serious offenses.
    • Tax evasion laws are focused on ensuring individuals and entities pay their fair share of taxes.
  • Detection and Enforcement:
    • Money laundering might be detected through suspicious transaction reports or financial intelligence.
    • Tax evasion might be uncovered through audits, discrepancies in financial records, or whistleblower information.

Money Laundering and Tax Evasion are both serious crimes and can result in significant penalties, including fines, imprisonment, or both.

Check out our related articles on Fraud and the Justice System, Solicitors, Rule of Law, Open Justice, Innocent until Proven Guilty and the highly questionable Sussex Family Justice Board.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

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You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

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Bar Standards Board

bar standards board (bsb)

The Bar Standards Board (BSB) is the regulatory body for barristers in England and Wales. It was established under the Legal Services Act 2007, which brought in sweeping changes to the way legal services were regulated in England and Wales.

The Bar Standards Board regulate the Bar in England & Wales in the public interest.

In this article, we will explore the establishment of the BSB and its role in regulating the legal profession, as well as how to make a complaint.

The Secret Barrister and the BlackBelt Barrister are well known Barristers of England and Wales.

Legal Services Act 2007

The Legal Services Act 2007 was a major piece of legislation that reformed the way legal services were regulated in England and Wales. Prior to the Act, the regulation of legal services was split between a number of different bodies, including the Law Society and the Bar Council. The Act established a single regulatory body for all legal services, known as the Legal Services Board (LSB). The LSB was given the power to oversee all legal regulators, including the BSB, and to set standards and enforce regulations.

Establishment of the Bar Standards Board

The Bar Standards Board was established under the Legal Services Act 2007 as an independent regulatory body for barristers in England and Wales. It became operational in January 2008, taking over the regulation of barristers from the Bar Council. The BSB’s main role is to regulate the education, training, and conduct of barristers, with the aim of maintaining the highest standards of professionalism and ethical behaviour in the profession.

The BSB is governed by a board of directors, who are responsible for setting the strategic direction of the organisation and ensuring that it fulfils its statutory obligations. The board is made up of 15 members, including barristers, lay members, and a representative of the Attorney General’s Office.

Role of the Bar Standards Board

The main role of the BSB is to regulate the education, training, and conduct of barristers in England and Wales. This includes setting standards for entry to the profession, regulating the training of barristers, and enforcing professional conduct rules.

The BSB is also responsible for ensuring that barristers are competent to practise, by setting and enforcing continuing professional development (CPD) requirements. Barristers are required to undertake a certain amount of CPD each year, in order to maintain their skills and knowledge.

The BSB also has the power to take disciplinary action against barristers who breach its rules and regulations. This can range from a simple reprimand to suspension or even disbarment. The BSB’s disciplinary process is set out in the BSB Handbook, which sets out the procedures that must be followed when making a complaint or referring a matter to the BSB.

How to report a concern to the Bar Standards Board

If you have a complaint about the conduct of a barrister, you can report a concern to the BSB. The BSB has a complaints procedure in place to ensure that complaints are dealt with fairly and efficiently.

The easiest way to report something to the Bar Standards Board is to use the Online Reporting Form.

You can also report your concern by using this Word version of the form and by sending it by email to [email protected] or by post to: The Bar Standards Board, 289-293 High Holborn, London, WC1V 7HZ.

After assessing the concern and the information provided, the action the BSB can take include:-

  • Giving the barrister informal advice in order to reduce the risk of the problem happening again.
  • Informing our Supervision Team of your concerns. They could then ask that a barrister, or an organisation, do something to improve the situation or to prevent the problem happening again.
  • Referring the concern to our Investigation and Enforcement Team where there is potential breach of our Handbook rules for a formal investigation to be carried out to decide if enforcement action should be taken. There are a number of possible outcomes of an investigation. See how we make enforcement decisions to find out more about enforcement decisions.
  • Deciding not to take any action. However, we will keep the information you have given us to inform our work in the future.
Reporting concerns about barristers Bar Standards Board (BSB)

BSB Handbook 4.8

The BSB Handbook is a set of rules and regulations that govern the conduct of barristers. It sets out the standards of professionalism and ethical behaviour that barristers are expected to uphold, and the procedures that must be followed when making a complaint or referring a matter to the BSB.

BSB Handbook 4.8 sets out the rules and procedures for dealing with complaints about the conduct of barristers. It covers the requirements for making a complaint, the investigations process, and the sanctions that can be imposed if a barrister is found to have breached the BSB’s rules.

One important aspect of BSB Handbook 4.8 is the requirement for barristers to co-operate fully with any investigation into their conduct. This includes providing information and documents as requested, attending interviews, and responding to correspondence in a timely manner. Failure to co-operate fully with an investigation can result in additional sanctions being imposed.

Misconduct by a King’s Council (KC) Barrister ?

Whilst watching AAA & others v The Secretary of State for the Home Department on the Court of Appeal Civil Division Court 73 YouTube Channel, I wondered :-

Is it normal practice for an experienced barrister, such as Raza Husain KC, to

  1. Have their hands in their pockets when addressing a judge ?
  2. Not look at the judge who has asked the question when giving a reply ?

In this case The Lord Chief Justice, The Master of the Rolls and Vice President of the Court of Appeal, Civil Division. This behaviour seems very rude and disrespectful.

Other points of presentation can lead to points being deducted, including swigging from water bottles, putting your hands in your pockets while addressing the judge or allowing a mobile phone to ring in the middle of a legal exercise – an offence that will cost three points.

Trainee barristers told they will be marked down…. The Guardian

Raza Husain KC told the Court of Appeal at the start of a four-day hearing that Rwanda was an authoritarian one-party state that did not tolerate opposition and claimed it imprisons, tortures and murders opponents.

Asylum seekers launch appeal to overturn High Court’s decision that plans to send migrants to ‘authoritarian one-party’ Rwanda are lawful Daily Mail

The Bar Standards Board plays a vital role in regulating the legal profession in England and Wales and is essential for maintaining public confidence in the legal system.. It is responsible for maintaining the highest standards of professionalism and ethical behaviour among barristers, and for ensuring that they are competent to practise.

If you have a complaint about the conduct of a barrister, you can make a complaint to the BSB. The BSB has a complaints procedure in place to ensure that complaints are dealt with fairly and efficiently. The BSB Handbook 4.8 sets out the rules and procedures for making a complaint, and for dealing with investigations and sanctions.

Check out our related articles on Barristers, Direct Access Barrister, Bar Council, Bar Tribunal and Adjudication Services, Barristers Behaving Badly, Blackbelt Barrister, The Secret Barrister, Professional Ethics Exam for Barristers, Inns of Court, Council of the Inns of Court, Rule of Law, Open Justice, Law Commission, Law Society and the highly questionable Sussex Family Justice Board.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

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You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

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Criminal Justice Free Speech Legal Professionals

Is the Secret Barrister not a Barrister of England and Wales ?

Secret Barrister Not a Barrister ?

A complaint was made to the Bar Standards Board about The Secret Barrister on the 8th August 2024.

On the 13th August 2024, The Bar Standards Board replied “…It is possible the person may not even be a barrister”

Update 23rd August 2024 – Paul Embery wrote an article Crossing swords with the ‘Secret [and very intolerant] Barrister’

The Secret Barrister should not be confused with the BlackBelt Barrister.

A Google Search for The Secret Barrister shows that they are an Award-winning Sunday Times No.1 bestselling author much lauded by the public and legal profession.

The Secret Barrister states on their Secret Barrister website….

“The Secret Barrister is a junior barrister specialising in criminal law, and part-time author and blogger.”

The Secret Barrister also state (correctly) that they have won an award from the Law Society.

“In 2018, the Secret Barrister was named Legal Personality of The Year at the Law Society Awards.”

“In 2020, Channel 4 News produced a four-part documentary series, The Secret Barrister: Disordered Justice.” The series can be viewed here.

Since 2015, a barrister practising criminal law in the UK started blogging and tweeting under the pseudonym ‘The Secret Barrister’.

The Secret Barrister – Legal 500

The Secret Barrister regularly posts on X (formerly Twitter) and they have a blue tick which shows that they are verified and a criminal lawyer.

Seems a bit odd that the Bar Standards Board don’t think the Secret Barrister is a Barrister !

If the Secret Barrister is not a Barrister then surely this should be of concern to the Bar Standards Board ? This would also be an offence under the Legal Services Act 2007 ?

It is highly likely that The Bar Standards Board know  :-

  1. The identity of the Secret Barrister
  2. That the Secret Barrister is a barrister regulated by the Bar Standards Board

The Secret Barrister is, contrary to the email from the Bar Standards Board Contact and Assessment Team, most definitely identifiable and should be subject to proper investigation in the public interest.

The Bar Standards Board Corporate Services Team have been asked to explain. They have 20 working days to do so.

From: BSB Contact Us <[email protected]>
Sent: Tuesday, August 13, 2024 2:48 PM
To: Dom Watts
Subject: RE: Reporting a concerns about a practising barrister (The Secret Barrister) 2024/1910

Dear Mr Watts

Thank you for your email and for sharing your concerns with us.

However, we are only able to deal with matters about a barrister that is identifiable, and it is the reporter’s responsibility to provide us with the name. It is possible the person may not even be a barrister; therefore, we will not be able to assess this matter further and the case is now closed in our system. If you want to make a report in the future, you will need to provide us with the name of the barrister and evidence of your concern.

We are sorry that we are unable to help at this time.

Kind regards,  

Contact and Assessment Team

Bar Standards Board

Email: [email protected]

www.barstandardsboard.org.uk

Bar Standards Board Email – Secret Barrister
Blocked by The Secret Barrister on X

Is The Secret Barrister Lyndon Harris of 6KPW Barrister Chambers ?

Check out our related articles on The Secret Barrister, Barristers, Direct Access Barrister, Barristers Behaving Badly, Inns of Court, Council of the Inns of Court, Bar Standards Board, Bar Tribunal and Adjudication Services, Bar Council, Rule of Law, Open Justice, Innocent until Proven Guilty and the highly questionable Sussex Family Justice Board.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

Latest Articles ↓

Most Popular ↓

You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

Rule of Law - Open Justice - Policing By Consent