ARDL Seminar: “Which Standard of Proof in Regulatory Proceedings?”

Date: Wednesday 24th April 2019

Registration & Tea/ Coffee: 5.00 pm – 5.30 pm

Seminar: 5.30 pm – 6.30 pm

Refreshments: 6.30 pm onwards


Chair: Philip Yelland, Executive Director of Regulation, Law Society of Scotland

Speakers: Elaine Motion, Balfour +Manson, and Robert Carr, Anderson Strathern



The second in the ARDL Scotland Seminar Programme 2019 will look at the vexed question of whether or not there should be a single standard of proof in regulatory proceedings. Some professional regulatory bodies have moved from the criminal standard to the civil standard, while some have been using the civil standard since their inception and others remain on the criminal standard. What difference, if any, does the standard of proof make in disciplinary proceedings? What are the merits or otherwise of each standard in such proceedings? Are the consultations which have taken place in England & Wales and now underway in Scotland on the likely to lead to a change to the standard of proof for e.g. the Scottish Solicitors Discipline Tribunal? These questions and more will be discussed by our speakers, Elaine Motion who will speak on the merits of the criminal standard and Robert Carr who will discuss the benefits of the civil standard, and in the Q&A chaired by Philip Yelland which will follow.


Chair: Philip Yelland, Executive Director of Regulation at the Law Society of Scotland

Philip was a solicitor in private practice before joining the Law Society in 1992 as a Complaints Investigator becoming Head of the Complaints Team. In 2008 he became Director of Regulation and is now Executive Director of Regulation, working with the Regulatory Committee which oversees the regulatory work of the Society. He also has direct responsibility for the Professional Conduct, Financial Compliance and Interventions team.


Speakers: Elaine Motion, Partner, Balfour & Manson

Elaine has more than 25 years of experience in regulation acting in numerous roles including presenting, defending, legal advising and as a judge in a wide range of professional arenas. Elaine has direct experience of the operation of the criminal standard in professional regulatory proceedings, including historically at the NMC and as a Fiscal for Scottish Solicitors Disciplinary Tribunal. She was involved in ground-breaking cases such as McMahon v Law Society of Scotland and Tehrani v UKCC. Elaine will advocate for the criminal standard.


Robert Carr, Partner, Anderson Strathern

Robert is also a seasoned practitioner in professional regulation having been at the forefront of developments in the area for more than 25 years. Robert acts for and advises regulators and representative bodies, including the Scottish Social Services Council and the Royal College of Nursing. As well as having appeared before numerous disciplinary panels, he has often identified key areas of challenge and has been involved in appeals and judicial reviews in some of the leading caselaw in the field, including Tehrani v UKCC 2001 SC 58 and Smith v SSSC 2015 SLT (Sh Ct) 103. Robert will advocate for the civil standard.


ARDL seminars qualify for CPD.  Please remember to sign the relevant CPD sheets at the seminars.

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