High Court Upholds Disbarment of Jo Sidhu KC, Signalling Cultural Shift at the Bar
Sonia Hickey
The High Court’s refusal this week to overturn the disbarment of prominent criminal silk Jo Sidhu KC has sent a blunt message through the profession: the era of indulgence for “power imbalance” misconduct is over.
In a judgment delivered on Tuesday, the Administrative Court upheld a Bar Tribunal ruling from May last year, confirming Sidhu’s removal from the profession over inappropriate sexual conduct toward an aspiring barrister.
Employment and regulatory specialist Beth Hale, partner at London boutique CM Murray, (above) said the case underscored “the seriousness with which regulators are now treating sexual misconduct, particularly where there is a clear imbalance of power”.
“Barristers aren’t employees in the usual sense, which can make it harder for individuals to assert rights,” Hale said. “But the reality of serious regulatory consequences is likely to drive behavioural change across the profession.”
Her comments echo the findings of the independent Harman Review, led by Baroness Harriet Harman KC, which last year revealed widespread bullying, harassment and sexual misconduct at the Bar.
The tribunal had found three of fifteen misconduct charges proven. Mr Justice Choudhury said those charges centred on Sidhu inviting a mini-pupil to his hotel room “ostensibly to discuss a case” before insisting she stay the night, sleep on his bed, and engaging in sexual touching.
Rejecting Sidhu’s appeal, Choudhury drew a sharp distinction between a consensual encounter and what occurred here:
“This was misconduct that involved a senior silk and prominent member of the Bar using his position effectively to pressurise a young female mini-pupil into a compromising situation to gratify his own sexual desires.”
Disbarment, the court held, was not excessive. Anything less would fail to maintain public confidence, uphold standards, or deter future misconduct.
The Bar Standards Board welcomed the ruling, thanking witnesses who came forward and reiterating that there is “no place for such conduct at the Bar”. It encouraged others experiencing similar behaviour to report it.
The timing was pointed. Just a day earlier, Kirsty Brimelow KC, Sidhu’s successor as chair of the Criminal Bar Association, pledged in her inaugural Bar Council speech to implement the Harman Review’s recommendations and confront bullying and harassment head-on.
“All barristers are entitled to work in a safe environment,” Brimelow said. “No one should be deterred from the Bar by the unacceptable behaviour of a minority.”
The court has now put weight behind those words.
