The solicitor appealed findings of misconduct. He had acted for a builder who complained about breaches of confidentiality and a failure to provide written information on costs.
Held: The appeal was by way of a rehearing (Preiss), but should differ from the original tribunal only in a clear case. Here there was no justification for overturning the tribunals findings on the facts. As to the penalty, different considerations applied here than in general mitigation in criminal cases. The penalties were not the maximum and were appropriate.
Lord Justice Auld Mr Justice Goldring
[2003] EWHC 2270 (Admin)
Bailii
England and Wales
Citing:
Cited – Preiss v General Dental Council PC 17-Jul-2001
(Professional Conduct Committee of the GDC) The procedures of the General Dental Council were in breach of the right to a fair trial, insofar as the same person might both carry out the preliminary stages of an investigation, and later be involved . .
Cited – Bolton v The Law Society CA 8-Dec-1993
The solicitor who had been admitted to the Roll for two years had disbursed clients money to relatives, as part of the conveyance of property without adequate security but in the expectation that the money would be repaid. The Tribunal found that . .
Lists of cited by and citing cases may be incomplete.
Legal Professions
Updated: 23 December 2021; Ref: scu.186738
