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Barrister who repeated false rape allegation against another lawyer in court robing room has suspension reduced

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Following a successful High Court appeal

Stafford Combined Court

A barrister who was slapped with a suspension after he repeated serious criminal allegations concerning another lawyer has had his sanction reduced following a successful High Court appeal. Reducing Forz Khan’s suspension from seven months to one of three months, Justice Warby said the disciplinary tribunal’s original penalty was “manifestly excessive”.

Earlier this year, Legal Cheek reported on how family and criminal law specialist Khan had been suspended from practice after he mouthed off about another lawyer in the robing room of two crown courts.

The Bar Tribunals & Adjudication Service (TBAS) judgment revealed that Khan had repeated “allegations of rape, assault and conspiracy to murder” against a fellow member of the bar in both Stafford Crown Court and Birmingham Crown Court. It is also said that the Queen Mary law grad contacted the male barrister’s wife, a solicitor, via LinkedIn and made reference to the allegations.

Fast forward several months and Khan has had his suspension reduced.

According to a High Court judgment released this month, Khan argued that he had been hit with a severe professional disciplinary sanction for behaviour that amounted to no more than “robing room gossip” or “barrister tittle-tattle”.

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At the original hearing, Khan admitted three charges of professional misconduct but argued on appeal “that although the relevant facts were not in dispute, and he pleaded guilty, his admitted behaviour did not amount to professional misconduct in law.”

Warby found that a suspension was appropriate, however, the “tribunal fell into error in at least four ways, the combination of which led to a penalty that was well beyond what was proportionate.” Describing the suspension as “manifestly excessive”, he added:

“In my judgment, the appropriate global starting point for all three charges, after consideration of aggravating features and applying the principle of totality, could not have exceeded five months’ suspension”

After due allowance for mitigation, and an appropriate discount for Khan’s early admissions, Warby reduced the seven-month suspension to one of three months. Turning to Khan’s appeal against conviction, Warby said there was no reason to set aside his guilty pleas. He continued:

“There is no probability that a re-hearing following a not guilty plea would lead to a different conclusion. The Tribunal was entitled, indeed right, to conclude that the admitted misconduct in this case was serious. It comfortably crossed the threshold of gravity which the authorities show must be exceeded before behaviour can be characterised as professional misconduct.”

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32 Comments

Anonymous

This post has been removed because it breached Legal Cheek’s comments policy.

(1)(1)

Dr Frankenstein

*for the money, not the many!

(4)(0)

Anonymous

MONEYLAW?

MOREMONEY for hardworking nurses and teachers; requisition vacant properties for refugees!

Vote Corbyn to express solidarity with Palestinians and Syrians!

Free Nelson Mandela!

(6)(21)

Anonymous

Contacting the wife seems to be the most sinister part of his conduct.

(33)(1)

Anonymous

And shows that his conduct was more than mere gossip.

(20)(1)

Anonymous

The bloke sounds like a right idiot.

(6)(0)

Anonymous

What a demon.

(3)(1)

Anonymous

“They are trying to censor me!”

Good!

(1)(0)

Anonymous

LC, can you please delete these? Any other form of spam would not be tolerated on every single article so I fail to see how this is allowed.

(5)(0)

Anonymous

F*ck off. The Corbyn and JD Partner references are incredibly tiresome.

(2)(1)

Anonymous

Who’s the Corbyn Partner?

(0)(1)

JD Trainee

Not as tired as I am

(0)(0)

Anonymous

Sounds like what Diane Abbot’s neighbours hear every night.

(3)(0)

Andrew Neill

DIANE ABBOTT!!!!!!!!!!!!!!

(1)(0)

donald duck

This post has been removed because it breached Legal Cheek’s comments policy.

(0)(1)

Ronald Ruck

This post has been removed because it breached Legal Cheek’s comments policy.

(0)(0)

Fonald

This name has been removed because it breached Legal Cheek’s comments policy.

(2)(0)

Tronald Troll

This Tommy Connelly has been removed because it breached Legal Cheek’s comments policy.

(2)(0)

Dr Frankenstein

This post has been removed because it breached Legal Cheek’s comments policy.

(0)(0)

Anonymous

This bloke visited my university a few years ago, flashed his car keys and watch in front of a lecture theatre and told us we could have those if we work hard enough.

(16)(2)

donald duck

He wears a casio and drives ford fiesta

(17)(0)

Oppidan

What a depressing story.

I imagine his practice will be booming once his suspension has run its course

(0)(0)

Ciaran Goggins

This post has been removed because it breached Legal Cheek’s comments policy.

(1)(1)

Anonymous

This post has been removed because it breached Legal Cheek’s comments policy.

(2)(3)

Anonymous

Corbyn. JD Partner. This post has been removed because it breached Legal Cheek’s comments policy. Corbyn. JD Partner and so on and so forth, pretty much sums Legalcheek.

(2)(0)

Anonymous

Where has Not Amused gone?

(3)(0)

feasel

The agreed statement of facts reads like an intro on Jeremy Kyle.

(0)(0)

Anonymous

It’s Mr Justice Warby, for fuck’s sake. This is not the US. Get this basic stuff right, if you wish to be taken seriously as a journalist/publication.

(5)(1)

Anonymous

Penis.

(0)(1)

Duke of Reason

There is no place for dimwits like this at the Bar. The original sanction was too lenient – he should have been kicked out of the profession.

Sorry if lefties et al consider this view to be an extreme ………..

(1)(0)

Duke of reason

This dimwit should resort to selling ice cream or being waiter ………………… or dishwasher!

(0)(0)

the Duke

.. being a waiter of course

(0)(0)

Comments are closed.

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