Complaints Against Barristers

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  • Complaints Against Barristers
    • reasons for complaints
      • cannot sue for breach of contract
        • unless through direct access
      • can sue for negligence in respect of written advice
        • Saif Ali v Sydney Mitchell  and Co 1980
      • can be sued for negligence inside and outside the court
        • Halls v Simons 2000
        • Inside - negligent advocacy
    • complaints to chamber made first
    • Bar Standards Board
      • sets out code of conduct with with Barristers should comply with
      • can discipline anyone who breaches the code
      • can order up to £15,000 compensation to be paid
    • Legal Ombudsman
      • now deals with complaints of poor barristers
      • can order compensation to be paid up to £30,000
      • if more serious transferred to Disciplinary Tribunal of the Council of the Inns of Court
    • Council of the Inns of Court
      • disciplined if they fail to maintain the standards set out in the code of conduct
      • Tribunal can suspend a Barrister from practice
      • in extreme cases the Senate can disbar a barrister from practicing
  • Bar Standards Board
    • sets out code of conduct with with Barristers should comply with
    • can discipline anyone who breaches the code
    • can order up to £15,000 compensation to be paid

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