Response to the Consultation on proposed amendments to the Policy on the Supply of Documents from Tribunal Records to a Non-Party

Between 26 November 2019 and 10 January 2020 the Solicitors Disciplinary Tribunal (“the Tribunal”) consulted on proposed amendments to its Policy on the Supply of Documents from Tribunal Records to a Non-Party (“the Policy”).  The Tribunal is very grateful to the organisations and individuals who submitted responses.

The Tribunal received 43 external responses to the consultation which it considered very carefully and, as a result, is now in a position to respond to the consultation and to bring forward a revised version of the Policy.

On 6 May 2020 the Tribunal’s Policy Committee, led by the President of the Tribunal Edward Nally, approved an updated version of the  Policy.  The amended Policy incorporates various suggestions made by the consultees. In addition,  the list of potentially relevant factors to be considered by the Tribunal has been refined and the default starting position for the consideration of applications under the Policy has been emphasised.

Edward Nally said: “The amended Policy provides more detailed guidance for users and is intended to strike a fair and realistic balance between minimising costs and complexity, promoting open justice and ensuring that the interests of all those affected are taken into account”.

The consultation response is available here. The updated Policy can be found at Annex 2 of the consultation response and will apply to all non-party disclosure applications made or considered after 1 June 2020.