Disciplinary Record - Michael William Wainwright

Barrister Status:

Disbarred

Called:

Nov 2008

Inn:

Lincoln's Inn

Hearing type:

Disciplinary Tribunal (5 Person)

Tribunal panel members:

Mr Andrew Gell

, 

Miss Hannah Elise Thornley

, 

Mr Nigel Robert James Baker KC

, 

Mrs Pamela Varley

, 

Mr Robert Andrew Sliwinski

Decision date

03/12/2014

Breach details:

Professional misconduct contrary to paragraph 301 (a)(i) and pursuant to paragraph 901.7 and professional misconduct contrary to paragraph 401(b)(i) and pursuant to paragraph 901.5 and 901.7 of the Code of Conduct of the Bar of England and Wales (8th Edition) (“the Code of Conduct”).

Offence details:

Michael Wainwright, on or about 14 December 2011, undertook the general conduct of a lay client?s affairs without being properly qualified, as a Public Access Practitioner to do so, by having undertaken and completed the appropriate training and by being registered with the Bar Council as a Public Access Practitioner as required by Rule 2 (i) of the Public Access Rules in that he accepted instructions from B, on behalf of L, to submit an application for discretionary leave to remain to the UK Border Agency (?UKBA?). Such conduct amounted to a serious failure, in itself, but also by reason of his failure to comply with other provisions of the Code of Conduct.

Michael Wainwright engaged in conduct which was dishonest or otherwise discreditable to a barrister in that, on various dates between 14 December 2011 and 8 March 2012, he represented to B that he had sent L's application form for discretionary leave to remain to the UKBA on or before 23 December 2011 so that it would reach the UKBA before 31 December 2011, the date on which L?s entitlement to remain would otherwise expire, when he knew or ought to have known that such representations were false.

Sanction:

Permanent prohibition from undertaking public access work
Immediate suspension from practice
Disbarred
Effective from 24 June 2015

Costs:

£493.33

Status:

Final