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Misconduct & sexual misbehaviour: blurred lines?

07 November 2019 / John Gould
Issue: 7863 / Categories: Features , Regulatory , Profession , Professional negligence
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In the age of #MeToo, what kind of misconduct could cross the line into the domain of a legal regulator? John Gould examines the role & limits of professional discipline
  • It is not the proper function of legal regulators to cast themselves as instruments of social change, nor to police sexual morality or general bad behaviour.
  • The key question is whether misconduct represents an ongoing risk that a person is not fit to practise.

`Sexual intercourse began In nineteen sixty-three (which was rather late for me)— Between the end of the “Chatterley” ban And the Beatles’ first LP’

I have no reason to think—although I haven’t checked—that Philip Larkin was ever a member of a disciplinary tribunal. Had he been forced to sit in judgement on the sexual conduct of other poets, he may have struggled to know where to start. He may have wondered whether the ethical standards of an artist were relevant to the quality of their art. He may have worried that

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Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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