||All England Reporter
|| All ER (D) 47 (Mar)
Rose LJ and Forbes J
||B appeared in person.
||6 March 2002
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.
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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