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Marc Beaumont
England
A senior, progressive Barrister discusses topical issues
Interests: The Bar, the legal profession, Barristers, direct access to the Bar, property litigation, commercial litigation, defending Barristers, defending solicitors, defending professionals, Mediation, Education Law, Judicial Review, the Bar Council
Recent Activity
One facet of the rule of law is that rules must be obeyed by law makers. No-one is above the law. Regulators must obey their own rules. When they constitute disciplinary tribunals, those must be lawfully constituted. Otherwise they are a collection of people with no power at all over the person being tried. Another facet of regulation is that regulators need credibility so they can regulate. if they are credibly to prosecute the regulated for their shortcomings, they must be beyond criticism themselves. In Dorairaj v BSB [2017] EWHC 2762 (Admin, Cardiff) the BSB admitted that they had maladministered... Continue reading
Posted Oct 30, 2018 at Marc Beaumont, Barrister - Blog site
Download Hendy article treatment of UK ECtHR cases This article outlines the engagement of British trade unions with the European Court of Human Rights and investigates the suggestion (gaining currency in trade union circles) that, for reasons of political expediency and without legal justification, the Court has, in recent cases, utilised a range of responses to art.11 cases brought by British trade unions to avoid embarrassing the British government by an adverse judgment. In effect, it is said, there is a secret implied art.11(3), impossible to surmount, which applies only to applications to the Court by British unions. Such a... Continue reading
Posted Aug 26, 2018 at Marc Beaumont, Barrister - Blog site
The meaning of "professional misconduct" in RICS disciplinary cases Continue reading
Reblogged Jan 28, 2018 at Marc Beaumont, Barrister - Blog site
Marc Beaumont added a favorite at Marc Beaumont, Barrister - Blog site
Jan 28, 2018
In practice as in life we regularly use language that we do not pause to define. For those who practise in the field of professional discipline, we speak of “professional misconduct”. Cast your eye down the list of the kinds of issues prosecuted by regulators and you will find a spectrum of offences from dishonesty down to the most technical or even footling breach of a professional code. Many regulators will assert that all of these are cases of “professional misconduct”. But if that is right, then we have systems of control that are based on strict liability where intent... Continue reading
Posted Jan 28, 2018 at Marc Beaumont, Barrister - Blog site
In practice as in life we regularly use language that we do not pause to define. For those who practise in the field of professional discipline, we speak of “professional misconduct”. Cast your eye down the list of the kinds of issues prosecuted by regulators and you will find a spectrum of offences from dishonesty down to the most technical or even footling breach of a professional code. Many regulators will assert that all of these are cases of “professional misconduct”. But if that is right, then we have systems of control that are based on strict liability where intent... Continue reading
Posted Jan 28, 2018 at Marc Beaumont, Barrister - Blog site
In practice as in life we regularly use language that we do not pause to define. For those who practise in the field of professional discipline, we speak of “professional misconduct”. Cast your eye down the list of the kinds of issues prosecuted by regulators and you will find a spectrum of offences from dishonesty down to the most technical or even footling breach of a professional code. Many regulators will assert that all of these are cases of “professional misconduct”. But if that is right, then we have systems of control that are based on strict liability where intent... Continue reading
Posted Jan 28, 2018 at Marc Beaumont, Barrister - Blog site
The current state of RICS disciplinary prosecutions By Marc Beaumont, Barrister, FCI Arb. Windsor Chambers Some organisations are able to wield tremendous power over our lives. There are the obvious ones. The government. The Police. The HMRC. And then there are the less obvious organisations. When I say less obvious I mean those organisations that do not have a general reputation for interfering with our lives – until, that is, that they actually do it to us. It may be that the reputation of an organisation for engaging in worthwhile activity, such as the education of professionals, is its true... Continue reading
Posted May 11, 2017 at Marc Beaumont, Barrister - Blog site
https://prod-estatesgazette-rbi.content.pugpig.com/2016/10/12/rics-offers-reprieves-after-admitting-mistakes/pugpig_index.html ESTATES GAZETTE 14th October 2016 NEWS RICS offers reprieves after admitting mistakes Industry body "taking urgent steps" after disciplinary panel oversight The RICS has been forced to apologise to hundreds of surveyors it has disciplined or struck off and offer them reviews of their cases. The admission came after the organisation was challenged by barrister Marc Beaumont over using just two panel members, instead of three, to adjudicate on the disciplinary cases. In a message to 317 members whom it had either disciplined or struck off for breaches of RICS rules, it has apologised and offered a fresh review... Continue reading
Posted Oct 14, 2016 at Marc Beaumont, Barrister - Blog site
Illegality within the RICS disciplinary system. By Marc Beaumont, barrister, FCIArb. The RICS continuing professional development (“CPD”) regime requires surveyors to undertake 20 hours of CPD per annum. It appears that many surveyors are falling foul of this requirement. Infractions by first time offenders are met with cautions and fines. However, repeat offenders are referred to the disciplinary tribunal with a “presumption of expulsion” – ie: the RICS equivalent of being struck off. Hearings are conducted by 2 person disciplinary tribunals. In this article I suggest that 2-person tribunals are inquorate and so not lawfully constituted. This means that every... Continue reading
Posted Aug 25, 2016 at Marc Beaumont, Barrister - Blog site
Neutral Citation Number: [2014] EWCA Civ 1630 Case No: CO/2013/3232 C1/2013/3276 C1/2013/3592 CO/2014/0457 CO/2014/0458 C1/2014/2328 IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE HIGH COURT OF JUSTICE QUEEN’S BENCH DIVISION THE RIGHT HONOURABLE LORD JUSTICE MOSES THE HONOURABLE MR JUSTICE KENNETH PARKER AND MR JUSTICE DINGEMANS CO/2985/2012, CO/9851/2011, CO/12383/2011 Royal Courts of Justice Strand, London, WC2A 2LL Date: 16/12/2014 Before : LORD JUSTICE JACKSON LORD JUSTICE RYDER and LADY JUSTICE SHARP - - - - - - - - - - - - - - - - - - - - - Between: THE QUEEN ON THE... Continue reading
Posted Dec 16, 2014 at Marc Beaumont, Barrister - Blog site
Neutral Citation Number: [2014] EWCA Civ 1630 Case No: CO/2013/3232 C1/2013/3276 C1/2013/3592 CO/2014/0457 CO/2014/0458 C1/2014/2328 IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE HIGH COURT OF JUSTICE QUEEN’S BENCH DIVISION THE RIGHT HONOURABLE LORD JUSTICE MOSES THE HONOURABLE MR JUSTICE KENNETH PARKER AND MR JUSTICE DINGEMANS CO/2985/2012, CO/9851/2011, CO/12383/2011 Royal Courts of Justice Strand, London, WC2A 2LL Date: 16/12/2014 Before : LORD JUSTICE JACKSON LORD JUSTICE RYDER and LADY JUSTICE SHARP - - - - - - - - - - - - - - - - - - - - - Between: THE QUEEN ON THE... Continue reading
Posted Dec 16, 2014 at Marc Beaumont, Barrister - Blog site
Download Sol Jo article Direct Access 2014 1 of 2 Download Sol Jo article Direct Access 2014 2 of 2.... Continue reading
Posted Nov 9, 2014 at Marc Beaumont, Barrister - Blog site
Lord Sumption gives the Administrative Law Bar Association Annual Lecture Anxious Scrutiny 4 November 2014 From time to time, English judges devise catch-phrases devoid of legal meaning in order to describe concepts which they are unwilling or unable to define. I would like this evening to examine one of these phrases, “Anxious scrutiny”. In particular, I want to examine the use of anxious scrutiny as a technique for reviewing the justifications put forward for a prima facie breach of one of the qualified provisions of the Human Rights Convention. The idea of introducing a heightened level of scrutiny for certain... Continue reading
Posted Nov 9, 2014 at Marc Beaumont, Barrister - Blog site
Bar Mutual Indemnity Fund or BMIF has come to the attention of the legal community this week. This is due to its treatment of 3 barristers for whom I act. 2 of these have reported BMIF to the Financial Ombudsman Service. This is a great pity for all concerned as it represents in-fighting of the most internecine kind. see: http://www.legalfutures.co.uk/latest-news/bar-mutual-complaints-referred-financial-ombudsman However, by way of clarification: (1) A 4th barrister for whom I act has a complaint against BMIF. He was refused funding by Mr Colin Edelman’s BMIF committee on an apparently spurious ground which, in an almost identical case, was... Continue reading
Posted Sep 5, 2014 at Marc Beaumont, Barrister - Blog site
The JR failed. But the QASA scheme has already failed for this reason. The Bar is still a SELF-regulating profession. That was the rationale of the LSA 2007. As such, there has to be what Abraham Lincoln famously termed, "government of the people, by the people, for the people.." - it is obvious that the BSB and the Bar Council have disconnected themselves from the Bar. They govern us, yes, but this is not government "by" us or "for" us. It is government based on imaginings and theories - for example the fictional idea on which the scheme rests, that... Continue reading
Posted Jan 21, 2014 at Marc Beaumont, Barrister - Blog site
The advent of first-tier complaints systems was sold to the Bar as an opportunity for the Bar to resolve client complaints quickly and decisively without the involvement of the BSB. However, I have encountered 3 recent cases where this opportunity has had nightmarish consequences for the complained-against barristers, whose best interests were sacrificed at the alter of political correctness or commercial expediency. In case 1, the Chambers used the complaint as an opportunity to oust the barrister - an unpopular working pupil - and conducted a disgraceful kangaroo court. In case 2, the Chambers' procedure was cumbersome and slow and... Continue reading
Posted Jan 2, 2014 at Marc Beaumont, Barrister - Blog site
In 2012, the Council of the Inns of Court (“COIC”) disclosed through a report of Desmond Browne QC that several hundred disciplinary findings of guilt against barristers had been adjudicated upon by non-qualified disciplinary judges. Scores of decision-makers had sat beyond their 3-year tenure. Others had been appointed by the Bar Standards Board (“BSB”), the regulatory prosecutor. Some had extra-judicial connections with the BSB, such as an undeclared income from the BSB. Some sat when too junior, or purported to chair panels when only an honorary silk. The system was in a state of discredited paralysis, despite its re-vamp in... Continue reading
Posted Dec 28, 2013 at Marc Beaumont, Barrister - Blog site
Marc Beaumont asks the BSB to consult the Bar before making important changes. Continue reading
Posted Feb 6, 2011 at Marc Beaumont, Barrister - Blog site
Marc Beaumont’s address at “City Week” 21st September 2010, City of London. I am here to tell you a secret. To tell you about a rather well kept secret. I am afraid that this secret is not about Naomi Campbell, Tony Blair or The Duchess of York. But so coy have we English Barristers been about this particular secret, that most businessmen have no inkling of it at all. This secret reduces legal costs by as much as 70 per cent. This secret involves a new way of tapping into excellence in the delivery of legal services in this country.... Continue reading
Posted Sep 23, 2010 at Marc Beaumont, Barrister - Blog site
An amateur sportsman might tell you that a professional is someone who performs a skilled craft full-time and for payment. But that materialistic notion does not fully capture the definition. A Silk who prosecutes other lawyers recently remarked that a legal professional is someone who, when asked, is obliged to explain his or her conduct to a regulator. But that definition wrongly regards the regulator of a modern profession as the fount of all omniscience and the only critical arbiter of excellence. There was a time, not so long ago, when men and women were regarded as professionals without ever... Continue reading
Posted Jun 20, 2010 at Marc Beaumont, Barrister - Blog site
It is almost 3 years since I advocated reform to paragraph 401 of the Bar's Code of Conduct. This rule prevented Barristers from engaging in party and party correspondence. The prohibition stifled work in Public Access cases. I began a campaign to change the rule by writing for Counsel magazine on this topic, through my Vice Chairmanship of the Access to the Bar Committee of the Bar Council and by organising a seminar through the Public Access Bar Association, which I founded and chair. The Public Access rules enabled Barristers to negotiate a settlement orally, but not to put the... Continue reading
Posted Apr 2, 2010 at Marc Beaumont, Barrister - Blog site
On 24th February 2010, at Portcullis House, Westminster, the Public Access Bar Association, which I chair, was treated to a wide-ranging glimpse of life under a future Conservative Government. The shadow Justice Secretary, Dominic Grieve QC, MP, gave us a detailed projection of life for the Bar under a Tory administration. The Tories would adopt the Jackson proposals on costs reform. They will look at the question whether the Legal Services Commission has any future at all. They will consider funding legal aid from the interest generated by a national client account into which all client account monies would be... Continue reading
Posted Mar 4, 2010 at Marc Beaumont, Barrister - Blog site
MARC BEAUMONT EXHORTS THE BSB TO SUPPORT THE MANAGERS The Bar is braced for real change. The BSB proudly announces its revolutionary adoption of a scheme of new business practices. It is now designing new rules. Conception to creation is one thing. Implementation however, can kill the idea that spawned it. Let me explain why. In 1990, I created a new business structure. It was revolutionary at the time. A London Barristers' Chambers outside Central London at Harrow on the Hill. But this organisation was unmanageable. This was in part because the Bar Council would not let me manage it.... Continue reading
Posted Feb 14, 2010 at Marc Beaumont, Barrister - Blog site
Marc Beaumont imagines a Bar strangling itself in red tape. But is he day-dreaming ? Imagine a Bar where you had to do 12 hours CPD every year. That is not difficult for it is what we have now. Now imagne a Bar where you had to pay £ 1,200 to the Bar Council by way of a subscription. Again, not difficult. This day has now come. But what about a Bar in which you had to get annual accreditation ? You might have to fill out a form for every practice area in which you practise. You might need... Continue reading
Posted Jan 25, 2010 at Marc Beaumont, Barrister - Blog site