Source: All England Reporter
Publisher Citation: [2005] All ER (D) 152 (Nov)
Court: Queen's Bench Division (Divisional Court)
Judge:

Maurice Kay LJ and Penry-Davey J

Representation Fenella Morris (instructed by Irwin Mitchell) for the solicitor.
  Geoffrey Williams QC (instructed by the Law Society) for the Society.
Judgment Dates: 11 November 2005

Catchwords

Solicitor - Disciplinary proceedings - Professional misconduct - Conduct unbefitting a solicitor - Fairness of tribunal hearing - Whether adequate notice given of allegations of dishonesty - Whether appropriate that solicitor be struck off roll of solicitors.

The Case

Where a solicitor was charged before the Solicitors Disciplinary Tribunal, the Law Society was under a duty to give notice to that solicitor and adequately to particularise any allegations of dishonesty. In the instant case, the failure to do that rendered the subsequent hearing procedurally unfair. However, the solicitor had committed offences of wide ranging serious conduct unbefitting a solicitor, and even without proof of dishonesty, the appropriate penalty for the protection of the public and the maintenance of the reputation of solicitors was an order that the solicitor be struck off the roll of solicitors.

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