Hearings

It is the practice of the Tribunal to hear applications in public in accordance with its Rules. Any party to an application and any person who claims to be affected by it may seek an order from the Tribunal that the hearing or part of it be conducted in private on the grounds of exceptional hardship or exceptional prejudice to a party, a witness or any person affected by the application. If satisfied that the grounds have been met, the Tribunal shall make such order as shall appear to it to be just and proper (Solicitors (Disciplinary Proceedings) Rules 2007, Rule 12(4) and (5)).

At the hearing either party may be represented or may appear in person. 

Either party may call witnesses. The evidential procedures of the Tribunal - for example, in relation to disclosure and/or admission of documents - are broadly in line with those of the High Court under the Civil Procedure Rules. Evidence before the Tribunal is given on oath and it has power to accept affidavit evidence. At the discretion of the Tribunal, strict rules of evidence shall not apply at a hearing. 

In the event of a respondent failing to appear at the hearing the Tribunal may deal with the case in his absence, as long as it is satisfied that notice of the hearing has been served in accordance with the Rules. The Tribunal has the power to order a re-hearing where the respondent has not appeared and has not been represented. The respondent must make an application for re-hearing at any time before the Tribunal's Order is filed with the Law Society or before the expiry of the period of 14 days beginning with the date on which the Order is filed at the Law Society.

It is the Tribunal's practice to make its written Order available to the parties immediately at the conclusion of the substantive hearing. The Order takes effect as soon as it is filed with the Law Society, which is normally done immediately after the hearing, and usually on the same day. 

A detailed written Judgment containing the Tribunal's reasons, findings, and repeating the Order is made available to the parties, the Law Society and the Law Societys Gazette as soon as possible after the hearing. The Tribunal aims to release Judgments to the parties within 7 weeks of the last day of the substantive hearing in 80% of cases.

Feedback

Members login

Cancel login