Appealing a decision by a Disciplinary Tribunal, Interim Suspension or Fitness to Practice panel hearing
All defendant barristers have a right to appeal the findings and/or sanction of a Disciplinary Tribunal.
Appeals against relevant decisions made by a Disciplinary Tribunal before 7 January 2014 were made to the independent Visitors to the Inns of Court.
Appeals against relevant decisions made on or after 7 January 2014 fall under the jurisdiction of the High Court (rE236 of the Bar Standards Board Handbook), and are set out in Part 52 of the Civil Procedure Rules and the Practice Directions Commencement order re Appeals 070114. PART 52 – APPEALS – Civil Procedure Rules Guidance on Appeals against decisions of Disciplinary Tribunals and the Qualifications Committee
Appeals against a decision of an Interim Suspension Panel are governed by Part 5, Section D of the Enforcement Regulations of the Bar Standards Board Handbook, and are heard by an Appeal Panel nominated by the President and consisting of two Queen’s Counsel, each of whom is entitled to sit as a Recorder or Deputy High Court Judge or who has been Queen’s Counsel for at least ten years, and a lay member. A pending appeal to the Appeal Panel shall not operate as a stay of any period or interim suspension or interim disqualification or interim conditions which have previously been set or the terms of any direction or undertaking which is or are the subject of he appeal. There is no right of appeal from the decision of an Appeal Panel.
Appeals against a decision of a Fitness to Practise Panel are governed by Part 5, Section E of the Enforcement Regulations Bar Standards Board Handbook, and are heard by an Appeal Panel selected by the President and consisting of two practising barristers, a medical member and a lay member. There is no right of appeal from a decision of an Appeal Panel.