• Robert Spicer

Time limit for claims: proceedings by barrister against Bar Standards Board

Time limits for claims

General principles

Case O’Connor v Bar Standards Board (2016) The Times, October 7, CA

Facts Ms B, a black practising barrister, was subjected to disciplinary proceedings by the Bar Standards Board (BSB). A disciplinary tribunal found five charges proved against her. She successfully appealed to the Visitors to the Inns of Court. She issued proceedings against the BSB on the basis that it had infringed her right to a fair trial by discriminating against her in grounds of race. The defence of the BSB was that the proceedings were time-barred in that they had been brought more than one year after the act complained of. At first instance, the defence succeeded. Ms B appealed to the Court of Appeal.

Decision 1. The appeal was dismissed.

  1. It was incumbent on a party, especially when that party was a legal professional, who wished the court to grant an extension of time to make that clear to the court and the other parties and to set out the grounds on which the extension was sought. It was not for the court to consider whether to extend time on its own initiative.

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