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The Solicitors Disciplinary Tribunal

Law and Practice
Nigel West and Susanna Heley
Availability: Published

The Solicitors Disciplinary Tribunal (SDT) has the power to strike off a solicitor from the roll, suspend a solicitor from practice, fine or reprimand a solicitor or make such other order as it thinks fit. Whilst over 90% of all cases brought before the SDT are brought by the SRA, it is open to anyone to bring a matter before it.

This book provides a unique step-by-step guide to the law and practice of the Solicitors Disciplinary Tribunal, from the issue of proceedings through to appeal. Its practical approach will help anyone who wishes to avoid the common pitfalls faced by unfamiliar users of the Tribunal.

It is the only comprehensive book available on SDT proceedings and it contains all the leading cases on Tribunal proceedings, many of which are not available on the internet, in one handy volume.


Contents

  1. Foreword by Lord Neuberger, president of the Supreme Court
  2. 1. Constitution of the Solicitors Disciplinary Tribunal
  3. 2. The SRA decision to prosecute
  4. 3. Jurisdiction, issue and service
  5. 4. Public hearings and publicity
  6. 5. Rule 5 statements, answers and witness statements
  7. 6. Standard Directions and Practice Direction No 6
  8. 7. Disclosure
  9. 8. Interim applications
  10. 9. Evidence
  11. 10. Dishonesty cases
  12. 11. Other types of misconduct
  13. 12. Section 43 Orders
  14. 13. Settlements
  15. 14. The trial
  16. 15. Sanctions
  17. 16. Costs
  18. 17. Appeals from the SDT
  19. 18. Termination of an indefinite suspension
  20. 19. Restoration
  21. 20. Appeals to the SDT.
  22.  
  23. Appendix:
  24. 1: Solicitors (Disciplinary Proceedings) Rules 2007 (SI No 3588)
  25. Appendix 2: Solicitors Act 1974 (ss 46?49A)
  26. Appendix 3: Advertisement under rule 9(5) of the SDPR
  27. Appendix 4: Useful contacts.

About the Author

Nigel West is head of the Solicitors Disciplinary Group at RadcliffesLeBrasseur. The firm is recognised as a Tier I firm for Professional Discipline in Chambers and the Legal 500. He is also the head of commercial litigation and a partner in the firm. Nigel has acted for solicitors facing disciplinary proceedings for over twenty years. He sits as a defence representative on the Tribunal's User Group and he is a member of the Law Society's Regulatory Processes Committee. He is also the cases editor for the Law Society's Legal Compliance Bulletin. Susanna Heley is a partner in the Solicitors Disciplinary Group at RadcliffesLeBrasseur. Susanna regularly appears as a defence advocate in the Tribunal and she has lectured on solicitors' regulatory matters in England and Europe. She is a former president of the City of Westminster and Holborn Law Society and she is the secretary of the Solicitor's Assistance Scheme.

£125.00

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Category

Regulation and compliance

Published

December 2015

Publisher

Law Society

ISBN

9781907698958

Format

Paperback
384 Pages