Navjot Sidhu KC appeals disbarment, arguing suspension is a more fitting sanction
Navjot Sidhu KC, the former head of the Criminal Bar Association, is appealing a decision by the Bar Tribunal and Adjudication Services (BTAS) to disbar him following a finding of professional misconduct. The High Court heard on Tuesday that Sidhu, who accepts the misconduct, argues that the appropriate sanction should have been a suspension, not disbarment.
Sidhu was found guilty of inappropriate behaviour for inviting a young woman to stay overnight in his hotel room during a mini pupillage. The tribunal found that his actions amounted to sexual misconduct, which Sidhu has expressed deep regret over. However, during the appeal, Sidhu’s legal team argued that the tribunal erred in law when assessing the seriousness of the misconduct. They contended that the tribunal’s handling of the aggravating and mitigating factors was flawed and that the decision to disbar Sidhu did not adequately explain why a lengthy suspension was insufficient to meet regulatory objectives.
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Vikram Sachdeva KC, representing Sidhu, told the court that the appeal was focused solely on the sanction, not the finding of professional misconduct, which Sidhu fully acknowledges. He highlighted that Sidhu has expressed deep remorse for his actions and recognises the need to address sexual harassment within the legal profession. Sidhu is also said to be deeply sorry to Person 2, the individual involved, and accepts the evidence that sexual harassment remains a pervasive issue at the Bar that must be eradicated.
In contrast, lawyers for the Bar Standards Board (BSB) defended the original decision, stating that the tribunal lawfully and properly conducted a fair sanctions hearing. They argued that dismissal was a reasonable conclusion based on the seriousness of Sidhu’s misconduct.
Mr Justice Choudhury, presiding over the appeal, reserved judgment after hearing both sides of the argument. The outcome of the appeal could have significant implications for how the Bar deals with cases of professional misconduct and the appropriate sanctions for senior legal professionals.
The case has also sparked wider discussions about the systemic issues facing the Bar, as highlighted in a recent report by Harriet Harman, which examined bullying, harassment, and sexual misconduct in the legal profession.