Jailed barrister behind fatal car crash cleared to return to law

Hamish Hickey was driving his children to school when he crashed into a male pensioner’s car on a rural road in an English village on 26 July 2022, as reported by the BBC.

As a result of the incident, the Bar Standards Board brought charges against Hickey, leading to his conviction and a 23-month prison sentence in November 2024 after he pleaded guilty to causing death by dangerous driving.

Following his release on licence in August 2025, the Bar Tribunals and Adjudication Service imposed an 11-month suspension on his practice.

In November 2025, an independent disciplinary tribunal also suspended Hickey, barring him from practising law until 30 September 2026, when his custodial sentence concludes.

The tribunal ruled that, due to the severity of the criminal sentence, allowing Hickey to return to practice before serving his full sentence – including the period on licence – would “damage” public confidence in the profession.

However, Hickey appealed the sanction in the High Court at the end of April, arguing that the suspension was “clearly inappropriate” and that the tribunal had failed to consider “powerful” mitigating factors in the case, as reported by the BBC.

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In written submissions to the High Court, Marc Beaumont, representing Hickey, emphasised that while Hickey’s profound devastation over the pensioner’s death is unquestionable, this appeal is purely about his determination to return to the profession he loves.

“Nothing said in this appeal on behalf of Mr Hickey is intended to place in doubt his permanent sense of devastation at Mr Lupton’s death, nor should it be construed by the family, the court, the tribunal or the BSB, as diminishing that catastrophe in any way whatsoever,” Beaumont said.

“[Hickey] has served his time in prison for his bad driving. This appeal concerns Hickey’s desire to resume the job he loves, nothing more.”

Lawyers for the Bar Standards Board told the hearing in London that the sanction imposed on Hickey was “within the range of just and reasonable responses”.

Justice Dias ruled in favour of Hickey’s appeal, stating that the tribunal had “erred in law and principle” when it imposed the suspension and failed to provide any “explanation of what it was trying to achieve” through the decision.

“On an objective basis, the sanction imposed by the tribunal was clearly inappropriate, manifestly disproportionate and outside the bounds of what could have been imposed in this case,” Justice Dias said.

As a result, the High Court judge ruled that Hickey would face no further penalty for the misconduct, clearing the way for his return to the legal profession.