In a ruling that brings the self-regulatory role of the Bar Council under closer scrutiny, the High Court has ordered the bar profession's top body to pay out damages to controversial barrister Paul Diamond.
In a ruling on March 22, the High Court said the Bar Council must pay out over £25,000 in damages after they brought an improper prosecution under rules which govern all lawyers.
Mr Diamond specialises in the field of religious freedoms and his recent cases include the British Airways Cross case, the expulsion of the Christian Union from Exeter University, and that of a magistrate who refused to place children in same-sex unions. The Bar Council alleged Mr Diamond had made a 'media' statement in a church communication.
Commenting after the case, Mr Diamond said: "I argued I was singled out because of my role in cases which highlight the threat to religious liberty in this country. But the Bar Council took on the wrong man and lost.
"This ruling is the first of its kind involving a substantial sum of money and has wide-ranging implications. It now means the Bar Council must pay the costs of barristers, at their full professional rate, if they lose a prosecution. I hope that by defending myself against this inappropriate action by the Bar that they will think twice before prosecuting."
Despite the award, Mr Diamond's victory was dampened after his accusation that the Bar Council had been motivated by animus against the values of Jews and Christians was declared unacceptable. He now faces a cost order to the Bar of £40,000.
