Fiona Horlick KC, on behalf of the BSB, resists appeal by leading silk against his disbarment for professional misconduct

Following his disbarment in March 2025, the High Court has this week dismissed Navjot ‘Jo’ Sidhu’s appeal against the sanctions relating to three charges of professional misconduct relating to sexual conduct. Fiona Horlick KC represented the Bar Standards Board.

After Fiona represented the BSB at a Disciplinary Tribunal in December 2024, Jo Sidhu was disbarred following three charges of professional misconduct relating to sexual conduct towards a female student undertaking a mini-pupillage. The tribunal also ordered that Mr Sidhu should not be issued with a practising certificate pending any appeal (see Outer Temple’s original story here).

While Mr Sidhu did not challenge the findings of misconduct, he contended that disbarment was disproportionate and that a lengthy suspension would have sufficed. Fiona, on behalf of the Bar Standards Board, submitted that the Tribunal had applied the correct legal framework and that disbarment was a proportionate and principled response to serious misconduct involving abuse of professional position and trust.

The central issue before the High Court was whether the Tribunal erred in principle, or reached a sanction outside the range reasonably open to it, when concluding that the misconduct fell within the upper range of seriousness under the Sanctions Guidance and warranted disbarment. Mr Sidhu advanced four grounds of appeal, arguing that the Tribunal overstated seriousness, mishandled aggravating and mitigating factors, imposed a disproportionate sanction, and gave inadequate reasons. From the BSB’s perspective, the critical features were uncontested: the misconduct occurred in a professional context; Mr Sidhu was in a clear position of trust and authority as a senior silk supervising a mini-pupil; there was a marked imbalance of power; and the conduct was sexually motivated and foreseeably harmful.

Importantly, although the Tribunal could not be sure that the sexual activity itself was unwanted (applying the criminal standard of proof), it unanimously found that the invitation to stay overnight, the insistence on sharing a bed, and the initiation of sexual activity were inappropriate, unwanted at key stages, and plainly contrary to Core Duty 5.

The Outcome

Mr Justice Choudhury, in Sidhu v Bar Standards Board dismissed the appeal in full. He held that the Tribunal had correctly applied the structured approach mandated by the Sanctions Guidance and had been entitled to conclude that both culpability and harm were significant. The Tribunal’s evaluative judgment that the misconduct fell within the upper range of seriousness was well within the bounds of reasonableness, particularly given Mr Sidhu’s seniority and prominence at the Bar.

The Court rejected the argument that an inability to prove the sexual activity was unwanted meant it must be treated as consensual. It also endorsed the Tribunal’s cautious approach to mitigation, including good character and personal circumstances, in cases of sexual misconduct. No error of principle or inadequacy of reasoning was identified, and the sanction of disbarment was upheld.

Sidhu remains disbarred.

Fiona Horlick KC was leading Harini Iyengar of 11KBW. They were instructed by Capsticks.

Read the full decision here.

Harassment will not be tolerated at the Bar

This judgment reinforces the high standards expected of barristers, particularly those in positions of seniority and influence. It underscores that sexual misconduct in a professional context – especially involving junior or aspiring members of the profession – will be treated with utmost seriousness, even where criminal wrongdoing is not alleged or proved. For the wider profession, the case sends a clear message: abuses of trust and power fundamentally undermine the Bar and may properly result in the ultimate sanction of disbarment. A BSB Spokesperson said “We would encourage others experiencing similar behaviour in the profession to come forward and report this to us.”

Press Coverage

This story has been widely covered by the press, that can be read by clicking below:

• The Solicitors Journal – Navjot Sidhu KC v Bar Standards Board: High Court upholds disbarment for sexual misconduct
• The Law Society Gazette – Former criminal bar chief fails with disbarment appeal
• Scottish Legal News – England: Jo Sidhu KC fails in disbarment appeal following inappropriate sexual behaviour with mini-pupil
• The Times – Barrister disbarred for sexual misconduct loses appeal

Find out more

Fiona Horlick KC is a Band 1 ranked Silk. She is praised for her unrivalled advocacy skills, her unbending will to succeed as well as her charisma and her ability to handle clients with sensitivity. She has a wide ranging practice including professional discipline, contempt of court, health and safety, specialist crime, very serious crime and civil litigation. She is the co-editor and major contributing author of the international textbook ‘Lissack and Horlick on Bribery and Corruption’

To find out more about Fiona, contact Andy Hunter on +44 (0)20 7427 4905.

News 14 Jan, 2026