15 September 2019

Barrister Damian McCarthy disbarred following retrial

10 June 2016

An independent disciplinary tribunal yesterday ordered barrister Damian McCarthy to be disbarred for dishonesty.

The charges relate to Mr McCarthy providing client letters to the Bar Standards Board which he falsely asserted had been sent to the client. This occurred when the regulator was investigating complaints arising from a public access case he undertook in 2009.

The hearing that took place this week was the second time that a tribunal has disbarred Mr McCarthy for these actions. He was first disbarred in 2011. However, the disbarment was overturned by the Court of Appeal in 2015, due to a procedural error made by the BSB during the original disciplinary tribunal. The BSB issued this statement at the time of the Court of Appeal decision last year.

Commenting about the outcome of this week's tribunal, BSB Director of Professional Conduct, Sara Jagger, said: "It is regrettable that a second tribunal has had to take place, but it has again been found that Mr McCarthy provided false client letters as part of an investigation by his regulator. Such actions are clearly incompatible with membership of the Bar, and it is right that the independent tribunal again decided to disbar."

Yesterday's decision is open to appeal.  


Notes to editors

About Damian McCarthy

Mr McCarthy was Called to the Bar by Gray's Inn in November 1994.

About disciplinary tribunals

The appointment, operation, and decisions (including sentencing) of disciplinary tribunal panels are performed by the Bar Tribunals and Adjudication Service (BTAS). BTAS is run independently of the Bar Standards Board, the barristers' regulator, which is responsible for bringing charges of professional misconduct against barristers. These charges are then adjudicated on by BTAS' tribunal panels.

About the Bar Standards Board

Our mission is to regulate the Bar so as to promote high standards of practice and safeguard clients and the public interest. For more information about what we do visit: http://bit.ly/1gwui8t


Contact: For all media enquiries call: 0207 611 1452 or email press@barstandardsboard.org.uk .