Barristers that ‘failed in duties’ to face probe over Post Office scandal

Barristers who ‘failed in their professional duties’ when representing the Post Office during the Horizon IT scandal will face potential disciplinary action, the watchdog has warned. 

The Bar Standards Board (BSB), which oversees more than 18,000 English and Welsh barristers, said it currently has ten live investigations into possible misconduct, which are “progressing”, and added that it “will take enforcement action” where necessary.

The BSB said it expects the cases to progress to its decision-making panel, the Independent Decision Making Body, by the end of the year.

It has not yet been confirmed how many barristers are involved in the probes.

A spokesperson for the BSB said, “We recognise the impact the Horizon scandal has had on the lives of sub-postmasters and mistresses, their families, and communities. We also acknowledge its effect on public confidence in the Bar.”

The barrister’s watchdog also confirmed it is “finalising the consideration” of 111 cases in which sub-postmasters were criminally convicted but had their convictions overturned by the Court of Appeal, to “ensure that all proportionate areas of investigation have been identified and assessed.”

The Post Office scandal saw more than 900 subpostmasters wrongly prosecuted for theft and fraud between 1999 and 2009 due to faulty software developed by Fujitsu, a tech company. 

It emerged in January last year, following MPs’ calls for transparency over legal fees, that a host of City law firms had raked in millions while many victims of the scandal were still awaiting their compensation payouts.

Solicitors under the microscope

The Solicitors Regulation Authority (SRA), the legal regulator for English and Welsh solicitors, also has 20 live investigations into firms and solicitors that acted for the Post Office in the scandal.

In March, the SRA said the investigations include “serious allegations of solicitors acting with a lack of integrity” across several areas.

The probe’s main focus is on solicitors’ management and supervision of the case, and the conduct of the litigation and wrongful prosecutions of sub-postmasters.

It is not yet known who is under investigation by the SRA over this matter.

Jonathan Peddie of the SRA said in March, “We are progressing our investigations as swiftly as possible. It is vital we follow due process and get this right. We owe that to everyone impacted by this scandal, as well as the wider public.”

The Post Office has been represented by several law firms, most notably Herbert Smith Freehills (HSF), which advised on the Horizon IT scandal and related litigation, and Womble Bond Dickinson.

Burges Salmon and Fieldfisher were also appointed to represent the Post Office in the ongoing Horizon IT Inquiry, which finalised its hearing in December 2024.

The final inquiry report by Sir Wyn Williams is expected to be delivered this year.