||All England Reporter
|| All ER (D) 152 (Nov)
||Queen's Bench Division (Divisional Court)
Maurice Kay LJ and Penry-Davey J
||Fenella Morris (instructed by Irwin Mitchell) for the solicitor.
||Geoffrey Williams QC (instructed by the Law Society) for the Society.
||11 November 2005
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.
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.
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary