An application to the Solicitors’ Disciplinary Tribunal could properly be referred to the Office for the Supervision of Solicitors before any finding had been made as to the presence of a prima facie case to answer. The purpose of the tribunal was not to settle a lis between the solicitor and complainant, but to settle the fitness of a solicitor to practise his profession, and the rules of the Tribunal should not be interpreted on that basis that that was their nature. Nevertheless, a reference must be for the purposes stated in the rules, namely so that a decision could be made as whether to lodge a further application against the respondent.
Citations:
Times 03-May-2001
Statutes:
Solicitors (Disciplinary Proceedings) Rules 1994 (1994 No 288) 28
Jurisdiction:
England and Wales
Legal Professions, Administrative
Updated: 28 April 2022; Ref: scu.86013
