John McLanachan handed selective case law to tribunal and misled judges, tribunal finds
A barrister with over four decades of experience has been disbarred after a tribunal found he repeatedly misled immigration judges and failed to deliver competent service to a vulnerable direct access client.
John McLanachan, who was called to the Bar in 1980, was sanctioned over three separate hearings, with a disciplinary tribunal concluding that his conduct seriously undermined public confidence in the legal profession. Though the tribunal’s full ruling is yet to be published, headline findings reveal a pattern of reckless misrepresentation and professional failings.
In April 2019, while representing a direct access immigration client before Judge Canavan at the Upper Tribunal, McLanachan relied on an unarguable ground for judicial review and introduced submissions based on a 2017 Court of Appeal ruling that had not been included in the pleadings. He also failed to apply to amend the original grounds to accommodate them.
Critically, the tribunal found he had withheld key legal materials, submitting only a partial and selective extract of the authority to the court — a breach of duty that amounted to reckless misleading of the tribunal.
Embed from Getty ImagesFurther misconduct arose when McLanachan misrepresented the origins of the judicial review application. He told the tribunal that the grounds had been drafted by previously instructed solicitors, despite knowing they had been written by a person linked to his own chambers. This only emerged under close questioning from Judge Canavan, during which McLanachan also wrongly claimed this person was a former barrister.
He then falsely stated he had only been handling the case for one week, despite having first encountered the client seven months earlier.
Just four months later, in August 2019, McLanachan again appeared before the Upper Tribunal, this time relying on grounds described as incoherent and failing to identify any arguable public law errors, in breach of his duties to the court and the client. The tribunal concluded that he had damaged public trust and failed to provide a competent standard of work.
In September 2019, the tribunal found that he once again recklessly misled the court by submitting a history of the client’s legal representation which omitted key information available to him — despite being expressly asked to provide a full account.
The Bar Standards Board (BSB) welcomed the decision. A spokesperson said:
“Barristers have a duty both to their clients and to the court. Mr McLanachan’s actions were unacceptable and incompatible with the standards expected of the profession. The tribunal’s decision to disbar Mr McLanachan reflects this seriousness.”
McLanachan admitted all charges. The tribunal ordered him to pay £3,510 in costs. The findings are still subject to appeal, but for now mark a dramatic fall from grace for a barrister once trusted to navigate complex immigration law.