Decision record
Stephen Kamlish QC
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The BSB charged Stephen Kamlish QC with three counts of professional misconduct (breaches of Core Duties 1, 3 and 5 and rC7.3) for making four bad-faith allegations against successive prosecution teams and the CPS in a criminal case without reasonable grounds. Applying the criminal standard and the Groia 'reasonable basis' approach, the Panel found the BSB failed to prove absence of reasonable grounds for almost all allegations. The only allegation lacking reasonable grounds was that against Counsel 2 under particular (i), which technically breached rC7.3 and all three Core Duties, but the Panel held it was a mere misjudgement made in good faith, not gross negligence, and not serious enough to amount to professional misconduct. All three charges were dismissed; no dishonesty was found. Ancillary matters were deferred to September 2020.
Duties found breached:
Mitigating factors:
- 36 impressive testimonials attesting to the Respondent's integrity and staying within professional boundaries
- Genuine belief that he had reasonable grounds for the allegations
- Conduct was a misjudgement rather than gross negligence
- Context of significant prosecution failures, including non-disclosure and DC Maher's discredited evidence
Panel
His Honour Peter Rook KC (Chair); Mrs Kathryn King; Mr John Foy KC
Duties engaged
- Overriding duty to the court
- No abuse of process or coercive powers
- Proper basis for allegations
- No improper questioning of witnesses
- No personal opinion or familiarity with court
- Comply with and respect court orders
- Honesty
- Integrity
- Fair dealing with unrepresented parties
- Personal probity and fitness to practise
- Uphold public trust in the profession
- No baseless or threatened misconduct report
- Serve justice and improve the law
Documents
Source: https://www.tbtas.org.uk/hearings/findings-and-sentences-of-past-hearings/