The Briginshaw standard of proof applies only to the fact-finding stage of disciplinary proceedings and has no application to the determination of the appropriate disciplinary order. A disciplinary tribunal denies procedural fairness if it makes findings of deliberately false evidence at first instance without that matter having been charged or raised before the tribunal, and then relies on those findings in determining the appropriate order. A solicitor's lack of candour as a witness in disciplinary proceedings may be relevant to fitness to practise, but only if procedural fairness is observed.
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