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Disciplinary hearing against solicitor to proceed

By: Kate Kelly BL

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Court of Appeal. in judicial review proceedings, dismisses appeal brought by a solicitor seeking to prohibit a disciplinary hearing against him from taking place, on the grounds that: (1) the prejudice asserted by the appellant amounts to no more than being unable to avail of a hoped-for-advantage if successful in his preliminary application; (2) the respondent had jurisdiction to adjourn the inquiry; and (3) the appellant failed to establish a fundamental lack of jurisdiction, and therefore it would be inappropriate to grant an order of prohibition on that basis.

Practice and procedure - Solicitors Disciplinary Tribunal – appeal of decision of the High Court refusing the appellant’s application for judicial review – alleged professional misconduct – judicial review – substantive hearing has yet to take place – seeks an order or prohibition restraining the respondent from proceeding with the disciplinary hearing and an order of certiorari quashing the decision to adjourn the hearing together with various declarations as to the respondent’s alleged lack of jurisdiction and breach of fair procedures – adjournment of the hearing - appeal dismissed.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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