High-profile criminal barrister Navjot Sidhu KC has appealed a disciplinary tribunal’s decision to disbar him after he was found guilty of professional misconduct – telling the High Court today that the appropriate sanction was suspension.
The Bar Tribunal and Adjudication Services (BTAS) found the former Criminal Bar Association chief guilty of inappropriate behaviour for inviting a young woman to stay overnight in his hotel room during a mini pupillage.
However, lawyers for Sidhu told the High Court on Tuesday that the tribunal erred in law when assessing the seriousness of the misconduct, the tribunal’s approach to the aggravating and mitigating factors was wrong, and the panel simply stated in its judgment that public confidence required disbarment without explaining why a lengthy suspension was insufficient to meet the regulatory objectives.
Read more
Vikram Sachdeva KC, for Sidhu, stressed at the start of the hearing that the appeal concerned the sanction of disbarment. ‘This is not an appeal against the finding of professional misconduct which Mr Sidhu accepts in full. He is deeply sorry to Person 2 for the way he acted and recognises it was entirely inappropriate.’
Sachdeva added that Sidhu, who attended the High Court hearing, 'accepts the indisputable evidence that sexual harassment remains a pervasive problem at the bar which must be firmly rooted out by a robust, fair and proportionate disciplinary regime'.
In written submissions, lawyers for the Bar Standards Board said the tribunal lawfully and properly conducted a fair sanctions hearing, deliberated and reached the lawful conclusion that Sidhu should be disbarred.
Mr Justice Choudhury reserved judgment.
Vikram Sachdeva KC, Alexis Hearnden and Rachael Gourley appeared in the High Court for Navjot Sidhu KC. Fiona Horlick KC and Harini Iyengar appeared for the Bar Standards Board.
