Source: All England Reporter
Publisher Citation: [2002] All ER (D) 52 (Nov)
Court: Divisional Court
Judge:

Kennedy LJ and Pitchers J

Representation The appellant appeared in person.
  Fred Philpott (instructed by Howell & Co, Birmingham) for the respondent.
  Andrew Hopper QC (instructed by the Solicitor to the Solicitors Disciplinary Tribunal) for the tribunal, as interested party.
Judgment Dates: 5 November 2002

Catchwords

Solicitors - Disciplinary proceedings - Solicitors Disciplinary Tribunal - Prima facie case not made out - Reasons for decision - Proper parties to statutory appeal to High Court - CPR PD 52, para 17.5, RSC Ord 106, rr 12, 13, 15.

The Case

Where, in the opinion of the Solicitors Disciplinary Tribunal, a complainant had failed to establish a prima facie case, the tribunal would normally be entitled to only give brief reasons for its decision. Furthermore, on an appeal to the High Court under s49(2) of the against such a decision, a distinction was to be drawn between notifying a person of proceedings and making that person a party to the proceedings. The only essential parties on such an appeal were the complainant and the other party to the decision before the tribunal.

Practice Areas

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