Appeals from Substantive Decisions of the Tribunal
Appeals from substantive decisions of the Tribunal are made to the Administrative Court. The time limit for lodging an appeal is 21 days from when the statement of reasons for a decision is given - see Civil Procedure Rules, Rule 52 and Practice Direction 52D. The statement of reasons is contained in the Tribunal's written Judgment (or in some cases Memorandum), which usually becomes available 2 - 7 weeks after the hearing. The Tribunal is not a party to an appeal from its substantive decisions.
PLEASE NOTE THE REQUIREMENT OF PRACTICE DIRECTION 52D, PARAGRAPH 3.4, WHICH SPECIFIES THAT THE APPELLANT TO AN APPEAL AGAINST A DECISION OF THE TRIBUNAL MUST SERVE THE APPELLANT'S NOTICE ON THE RESPONDENT AND THE CHAIR OF THE TRIBUNAL FROM WHOSE DECISION THE APPEAL IS BROUGHT. THE APPELLANT'S NOTICE MUST BE SENT TO THE TRIBUNAL BY EMAIL, MARKED FOR THE ATTENTION OF THE CHAIR.
For further information on how to appeal, including contact details please click here to be taken to the frequently asked questions page.
Appeals from Decisions of The Law Society to the Tribunal
The Tribunal has power to hear and determine appeals made to it under section 44E of the Solicitors Act 1974 (as amended) and paragraph 14C of Schedule 2 to the Administration of Justice Act 1985 in relation to certain decisions made by The Law Society. Please refer to the relevant Acts for full details.
On 1 October 2011 The Solicitors Disciplinary Tribunal (Appeals and Amendment) Rules 2011 (“Appeals Rules”) came into force. Some minor amendments to the Appeals Rules were made by Rule 49 of the Solicitors (Disciplinary Proceedings) Rules 2019 and these changes are reflected in this version of the Appeals Rules.
Also see The Solicitors Disciplinary Tribunal (Appeals and Amendment) Rules 2011 correction slip, which was published on 18 January 2013, making very minor corrections to typographical/formatting errors in the substantive Rules.
Please see Rule 49 of the Solicitors (Disciplinary Proceedings) Rules 2019 for further amendments to the 2011 Appeals Rules.
Please refer to the Guidance Note on Appeals (5th Edition) for further information about bringing an appeal before the Tribunal. This Guidance Note applies to cases heard from 25 November 2019.
The Rules set out time limits, how appeals panels will be constituted, the procedure to be followed, rules of evidence, and other miscellaneous matters. They should be considered carefully prior to commencing an appeal.
Alternative Business Structures - Appeals in respect of Decisions of The Law Society under Part 5 of the Legal Services Act 2007
The Tribunal also has power to hear and determine appeals made to it under section 46 of the Solicitors Act 1974 (as amended) as applied by Article 4(3) of the Legal Services Act 2007 (Appeals from Licensing Authority Decisions (No. 2) Order 2011) in respect of decisions of the Law Society under Part 5 of the Legal Services Act 2007 and licensing rules made by the Society.
On 23 December 2011 The Solicitors Disciplinary Tribunal (Appeals) (Amendment) Rules 2011 came into force, extending the SDT (Appeals and Amendment) Rules 2011 referred to above to these appeals.
Please refer to the Guidance Note On Appeals (5th Edition) for further information about bringing an appeal before the Tribunal. This Guidance Note applies to cases heard from 25 November 2019.