Disciplinary Record - Kayleigh Swain

Mr Andrew Ward

, 

Miss Hayley Jane Firman

, 

Mr Jonathan Monk

, 

Mrs Naomi Clare Davey

, 

His Honour Judge Peter Francis Grosvenor Rook KC

Kayleigh Swain practised as a barrister without a valid practising certificate between 17 August 2018 and 8 October 2018 in emails to North Yorkshire Police when not authorised to do so in that she held herself out as a barrister in communications with North Yorkshire Police when she was not authorised to do so.

Kayleigh Swain failed to act with honesty and/or integrity in that she knowingly or recklessly misled or attempted to mislead North Yorkshire Police by:
i. Signing an email to North Yorkshire Police dated 17 August 2018 with her name and the words “Barrister Park Court Square” which implied that she was a barrister from a Chambers or other legal entity by the name of ‘Park Court Square’ when this was not the case;
ii. Stating in an email to North Yorkshire Police dated 8 October 2018 that she had not renewed her practising certificate “this year” which implied that she had previously held a practising certificate, when this was not the case;
iii. Stating in an email to North Yorkshire Police dated 8 October 2018 that family commitments had barred her from returning to work on a full-time basis which implied that she had previously worked full time as a barrister when this was not the case;
iv. Stating in an email to North Yorkshire Police dated 8 October 2018 that she had in the past undertaken numerous criminal cases which implied that she had undertaken numerous criminal cases while practicing as a barrister when this was not the case.

Kayleigh Swain behaved in a way which was likely to diminish the trust and confidence which the public places in her or the profession, in that she knowingly or recklessly misled or attempted to mislead North Yorkshire Police by:
i. Signing an email to North Yorkshire Police dated 17 August 2018 with her name and the words “Barrister Park Court Square” which implied that she was a barrister from a Chambers or other legal entity by the name of ‘Park Court Square’ when this was not the case;
ii. Stating in an email to North Yorkshire Police dated 8 October 2018 that she had not renewed her practising certificate “this year” which implied that she had previously held a practising certificate, when this was not the case;
iii. Stating in an email to North Yorkshire Police dated 8 October 2018 that family commitments had barred her from returning to work on a full-time basis which implied that she had previously worked full time as a barrister when this was not the case;
iv. Stating in an email to North Yorkshire Police dated 8 October 2018 that she had in the past undertaken numerous criminal cases which implied that she had undertaken numerous criminal cases while practicing as a barrister when this was not the case.

Kayleigh Swain behaved in a way could reasonably be seen by the public to undermine her honesty and/or integrity in that she knowingly or recklessly misled or attempted to misled North Yorkshire Police by:
i. Signing an email to North Yorkshire Police dated 17 August 2018 with her name and the words “Barrister Park Court Square” which implied that she was a barrister from a Chambers or other legal entity by the name of ‘Park Court Square’ when this was not the case;
ii. Stating in an email to North Yorkshire Police dated 8 October 2018 that she had not renewed her practising certificate “this year” which implied that she had previously held a practising certificate, when this was not the case;
iii. Stating in an email to North Yorkshire Police dated 8 October 2018 that family commitments had barred her from returning to work on a full-time basis which implied that she had previously worked full time as a barrister when this was not the case;
iv. Stating in an email to North Yorkshire Police dated 8 October 2018 that she had in the past undertaken numerous criminal cases which implied that she had undertaken numerous criminal cases while practicing as a barrister when this was not the case.