Disciplinary Record - Nicholas Galloway

Decision - Sanction

Outcome: Rebuke

Outcome date: 29 January 2024

Published date: 1 March 2024

Firm details

Firm or organisation at time of matters giving rise to outcome

Name: CMS Cameron McKenna Nabarro Olswang LLP

Address(es): Cannon Place, 78 Cannon Street, LONDON, EC4N 6AF, England

Firm ID: 423370

Outcome details

This outcome was reached by SRA decision.

Decision details

Who does this disciplinary decision relate to?

Nicholas Galloway who was employed by CMS Cameron McKenna Nabarro Olswang LLP, a recognised body, (the firm) in an administrative role at the firm between July 2017 and a date unknown in 2023.

Summary of decision

Mr Galloway has been issued with a rebuke because of his conduct which led to his conviction on 21 April 2023 at Sheffield Magistrates court, of assault occasioning actual bodily harm, contrary to section 47 of the Offences Against the Person Act 1861.

The facts of the case

On 7 January 2023, Mr Galloway attended a football match at Hillsborough stadium. He was arrested and evicted from the stadium for assaulting a steward causing him a cut above his eyebrow, bruising and swelling under his eye. Mr Galloway was kept in police custody overnight and released on bail until the end of March 2023.

On 21 April 2023, Mr Galloway was charged and pleaded guilty to assault occasioning actual bodily harm contrary to section 47 of the Offences Against the Person Act 1981.

On 23 May 2023 Mr Galloway was found guilty and given the following sentence:

A 24 month community order which included:

• an alcohol abstinence requirement for 120 days,
• a rehabilitation activity requirement for 20 days,
• an order to carry out 200 hours of unpaid work within the next twelve months,
• an order to pay compensation of £1,000 and
• a football banning order preventing him from attending the Hillsborough stadium for five years.

It was found that by assaulting another person on 7 January 2023, which led to his conviction on 21 April 2023 at Sheffield Magistrates court of assault occasioning actual bodily harm, contrary to section 47 of the Offences Against the Person Act 1861, Mr Galloway failed to: behave in a way that upholds public trust and confidence in the solicitors’ profession and in legal services provided by authorised persons, in breach of Principle 2 of the SRA Principles 2019.

Decision on sanction

It was decided that a rebuke was an appropriate and proportionate sanction.

Mr Galloway was issued with a written rebuke and ordered to pay the SRA’s costs of £600.

This was because Mr Galloway’s conduct was serious by reference to the following factors in the SRA’s Enforcement Strategy:

1. Mr Galloway’s conduct was serious and a public sanction is required to maintain standards and to acknowledge there has been a breach of regulatory requirements.
2. Although Mr Galloway’s conduct caused moderate physical harm to another person it had the potential to cause serious harm.
3. Mr Galloway had direct responsibility for his conduct. Prior to assaulting the steward he became intoxicated and could not remember what he did.

A more serious sanction was not considered to be proportionate by reference to the following factors in the Enforcement Strategy:

4. It was an isolated incident and the conduct was out of character for Mr Galloway.
5. He admitted what he had done and has shown insight and remorse into his conduct.
6. There is a low risk of repetition.
7. A higher sanction is not required to uphold public confidence.

SRA Principles 2019

Principle 2 You act in a way that upholds public trust and confidence in the solicitors’ profession and in legal services provided by authorised persons.