*/
Barristers will be told that non-disclosure agreements (NDAs) must not be used to cover up offences that should be reported to the police or regulator.
The Bar Standards Board (BSB) is set to issue guidance for barristers on the use of NDAs in cases of alleged sexual harassment. A spokesperson told Counsel that the guidance will state that the use of NDAs is inappropriate if it seeks to prevent the reporting of matters that are disclosable to regulatory or law enforcement bodies or under the Public Interest Disclosure Act, and that they should not be used to ‘threaten, intimidate or deter’ someone from making a proper disclosure.
In updated guidance regarding the reporting of serious misconduct of others, the regulator made it clear that enforcement will not be taken against barristers who fail to report discrimination, harassment or victimisation where they have been the subject of the misconduct. The BSB is also piloting a scheme to grant a waiver from the duty to report for barristers trained to advise and support others.
Figures released in the regulator’s annual Enforcement Report showed that there were eight reports of sexual harassment by barristers in 2016-17, while there had been none in the previous year.
The report showed that the number of complaints against barristers had risen by nearly 30% over the past year to 475 – the highest number of new complaints opened in any year since 2013-14 – and reports of serious misconduct had risen to 133 from 110. However, the number of barristers disbarred fell to six from 20.
Barristers will be told that non-disclosure agreements (NDAs) must not be used to cover up offences that should be reported to the police or regulator.
The Bar Standards Board (BSB) is set to issue guidance for barristers on the use of NDAs in cases of alleged sexual harassment. A spokesperson told Counsel that the guidance will state that the use of NDAs is inappropriate if it seeks to prevent the reporting of matters that are disclosable to regulatory or law enforcement bodies or under the Public Interest Disclosure Act, and that they should not be used to ‘threaten, intimidate or deter’ someone from making a proper disclosure.
In updated guidance regarding the reporting of serious misconduct of others, the regulator made it clear that enforcement will not be taken against barristers who fail to report discrimination, harassment or victimisation where they have been the subject of the misconduct. The BSB is also piloting a scheme to grant a waiver from the duty to report for barristers trained to advise and support others.
Figures released in the regulator’s annual Enforcement Report showed that there were eight reports of sexual harassment by barristers in 2016-17, while there had been none in the previous year.
The report showed that the number of complaints against barristers had risen by nearly 30% over the past year to 475 – the highest number of new complaints opened in any year since 2013-14 – and reports of serious misconduct had risen to 133 from 110. However, the number of barristers disbarred fell to six from 20.
The Chair of the Bar reports back
Clement Cowley, Partner at The Penny Group, explains how global events can influence the performance of pensions and ISAs, and why taking a long-term approach to investing is often the most effective strategy
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, discusses what family law professionals need to know about hallucinogens, from the main hallucinogenic drugs encountered in family proceedings, to their effects and the testing options available
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
By David Green
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, examines the forensic science underpinning hair drug testing, its evidential scope and limitations, and why it remains the gold standard for evidencing patterns of drug use in family proceedings
Developing a tech start-up demands a different definition of excellence to the Bar, says Saara Idelbi. The co-creator of Advocatr on entrepreneurship, AI advocacy training, and matching the thrill of a killer cross-examination
At the start of her term, Chair of the Bar 2026 Kirsty Brimelow KC set out a series of priorities for the year ahead. One of those priorities was children in the justice system
As the world becomes more digital, Barbara Vinagre Mota examines international research into the mental health consequences of judges’ exposure to graphic and immersive evidence, highlighting the importance of support systems
Reviewed by Daniel Barnett
James McNeill Whistler at Tate Britain until 27 September Rothko in Florence at Palazzo Strozzi until 23 August Reviewed by Stephen Cragg KC
