Source: All England Reporter
Publisher Citation: [2002] All ER (D) 47 (Mar)
Court: Divisional Court
Judge:

Rose LJ and Forbes J

Representation B appeared in person.
Judgment Dates: 6 March 2002

Catchwords

Solicitor - Disciplinary proceedings - Appeal - Complaint to Solicitors' Disciplinary Tribunal by member of public - Tribunal holding no prima facie case - Complainant appealing to Divisional Court - Appropriate respondent to appeal - Whether Law Society, tribunal or solicitor should be respondent to appeal - Solicitor's Act 1974, s 49 - CPR 52 PD 17.5.

The Case

In a statutory appeal under s49 of the against a finding by the Solicitors' Disciplinary Tribunal that there was no prima facie case, the appropriate respondent if the complainant-appellant was a member of the public, would be (i)the tribunal, in particular the chairman; and (ii)the solicitor the subject of the complaint, notwithstanding that he would never have been notified of or served with the complaint before the tribunal.

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