Solicitors (Disciplinary Proceedings) Rules 1966
| Jurisdiction | UK Non-devolved |
| Citation | SI 1966/1168 |
| Year | 1966 |
1966 No. 1168
SOLICITORS
The Solicitors (Disciplinary Proceedings) Rules 19662ndAugust 1966
1stOctober 1966
ARRANGEMENT OF RULES
PART I Applications against Solicitors and
Solicitors' Clerks … … … … Rules 1 to 13
PART II Applications at the instance of a
Solicitor or a former Solicitor
himself … … … … … … … Rules 14 to 22
PART III Applications in respect of a former
Solicitor's Clerk … … … … Rules 23 to 27
PART IV General … … … … … … … Rules 28 to 45
SCHEDULE Forms
The Disciplinary Committee constituted under the Solicitors Act 1957(a) with the concurrence of the Master of the Rolls, in exercise of the powers conferred on them by section 46 of the said Act and of all other powers then enabling hereby make the following Rules:—
PART I
APPLICATIONS AGAINST SOLICITORS AND SOLICITORS' CLERKS
1. An application to the Committee to strike the name of a solicitor off the Roll of Solicitors, to require a solicitor to answer allegations contained in an affidavit or to make an Order directing that no solicitor shall in connection with his practice as a solicitor take into or retain in his employment or remunerate the solicitor's clerk named in the application without the written permission of the Society, shall be in writing under the hand of the applicant in such one of the forms set out in the Schedule hereto and numbered 1 and 2, as shall be appropriate and shall be sent to the Clerk to the Committee together with an affidavit by the applicant in the form set out in the Schedule hereto and numbered 3 or as near thereto as the circumstances may permit, stating the matters of fact on which he relies in support of his application. Provided that where the application is made by the Society the application may be signed and the affidavit sworn on behalf of the Society by the Secretary or by such other person as may from time to time be prescribed by the Council.
(a) 5 & 6 Eliz. 2 c. 27.
2. Before fixing a day for the hearing the Committee may require the applicant to supply such further information and documents relating to the application as they think fit.
3. In the case of an application against a solicitor where, in the opinion of the Committee no prima facie case is shown in favour of the application, the Committee may dismiss the application without requiring the solicitor to answer the allegations, and without hearing the applicant. If required so to do either by the applicant or the solicitor, the Committee shall make a formal order dismissing such application.
4. In the case of an application in respect of a solicitor's clerk the parties to the proceedings shall be—
(i) the applicant,
(ii) the solicitor's clerk, and
(iii) if the Committee so direct, every solicitor by whom the solicitor's clerk was employed either at the time of the commission of any such offence as is mentioned in section 38(1) of the Solicitors Act 1957 of which it is alleged by the applicant that the solicitor's clerk has been convicted, or at the time of any such act or default as is mentioned in section 38(1)(b) of the said Act to which it is alleged that the solicitor's clerk has been party.
5. In the case of an application against a solicitor in which, in the opinion of the Committee, a prima facie case is shown in favour of the application, and in the case of every application in respect of a solicitor's clerk, the Committee shall fix a day for the hearing, and the Clerk to the Committee shall serve notice thereof on each party to the proceedings and shall serve on each party, other than the applicant, a copy of the application and affidavit. There shall be at least 21 days between the service of any such notice and the day fixed therein for the hearing.
6. The notice shall be in such one of the forms set out in the Schedule hereto and numbered 4, 5, 6 and 7, as shall be appropriate and shall require the party to whom it is addressed to furnish to the Clerk and to every other party at least 14 days before the day fixed for the hearing, unless the Committee direct otherwise, a list of all documents on which he intends to rely.
7. Any party may inspect the documents included in the list furnished by any other party. A copy of any document mentioned in the list furnished by any party shall, on application and on payment of the proper charges therefor, by the party requiring it, be furnished to that party by the other within three days after the receipt of such application.
8. If any party fails to appear at the hearing the Committee may, upon proof of service on such party of the notice of hearing, proceed to hear and determine the application in his absence.
9. Any party who has failed to appear at the hearing may, within one calendar month from the pronouncement of the Findings and Order of the Committee, and upon giving notice to every other party and to the Clerk, apply to the Committee for a re-hearing. The Committee, if satisfied that it is just that the case should be re-heard, may grant the application upon such terms as to costs or otherwise as they think fit. Upon such re-hearing the Committee may amend, vary, add to, or reverse their Findings, or Order, pronounced upon such previous hearing.
10. The Committee may, in their discretion, either as to the whole case or as to any particular fact or facts, proceed and act upon evidence given by affidavit. Provided that any party to the proceedings may require the attendance upon subpœna of any deponent to any such affidavit for the purpose of giving oral evidence, unless the Committee are satisfied that the affidavit is purely formal and that the requirement of the attendance of the deponent is made with the sole object of causing delay.
11. The Clerk shall give notice to the parties of the date when the Findings and Order will be pronounced.
12. The Clerk shall on the day of pronouncement file the Findings and Order, in the case of an application against a solicitor, with the Society, and in the case of an application in respect of a solicitor's clerk, with the Secretary.
13. Within four days of the date when the Findings and Order shall have been pronounced, the Clerk shall send a copy thereof to each party to the application.
PART II
APPLICATIONS AT THE INSTANCE OF A SOLICITOR OR A FORMER SOLICITOR HIMSELF
14. (i) An application by a solicitor to procure his name to be removed from the Roll shall be made by way of affidavit in the form set out in the Schedule hereto and numbered 8.
(ii) An application by a former solicitor whose name has been removed from the Roll to have his name restored to the Roll shall be made by way of affidavit in the form set out in the Schedule hereto and numbered 9.
(iii) An application by a former solicitor whose name has been struck off the Roll to have his name restored to the Roll shall be made by way of affidavit in the form set out in the Schedule hereto and numbered 10.
15. Each affidavit made pursuant to Rule 14 shall be sent to the Clerk and a copy thereof to the Society. Unless the Committee direct otherwise an affidavit made pursuant to Rule 14 (i) shall be supported by letters from two practising solicitors to whom the applicant is known.
16. The Committee may grant an application made pursuant to Rule 14 without requiring the attendance of the applicant. In any other case the Committee shall fix a day for the hearing and the Clerk shall serve notice thereof on the applicant and the Society at least 56 days before the day fixed for the hearing.
17. The notice shall be in such one of the forms set out in the Schedule hereto and numbered 11 and 12 as shall be appropriate.
18. The Committee may if they think fit require the applicant or the Society to give notice of the application and of the day fixed for the hearing by advertisement or otherwise as they may direct.
19. If any person desires to object to the application, he shall give notice in writing to the applicant, the Society and the Clerk at least seven days before the day fixed for the hearing, specifying the grounds of his objection.
20. If the objector appears on the day fixed for the hearing and if the Committee are of opinion, after hearing the parties or either of them (if they think fit so to do), that the notice discloses a prima facie case for inquiry of which they do not dispose on that day, they shall adjourn the hearing and shall give directions relating to the adjourned hearing, including directions as to the party on whom the burden of proof shall lie.
21. The Rules contained in Parts I and IV of these Rules shall apply mutatis mutandis to the hearing of any application under this Part of these Rules.
22. In respect of any application by a solicitor to procure his name to be removed from or restored to the Roll the Committee shall order either that the name of the solicitor be removed from the Roll, or restored thereto (as the case may be) or that the application be refused, and may make such Order as to the costs as they think fit.
PART III
APPLICATIONS IN RESPECT OF A FORMER SOLICITOR'S CLERK
23. An application that an Order made by the Committee under section 38(2) of the Solicitors Act 1957 shall be revoked, shall be made by way of affidavit in the form set out in the Schedule hereto and numbered 13.
24. The parties to the proceedings shall be—
(i) The person with respect to whom the Order under section 38(2) of the Solicitors Act 1957 was made which it is sought to revoke; and
(ii) The Society;
and the affidavit shall be sent to the Clerk and a copy thereof to the other party to the proceedings.
25. The Committee may grant the application without requiring the attendance of the parties. In any other case the Committee shall fix a day for the hearing and the Clerk shall serve notice thereof on the parties to the proceedings at least 56 days before the day fixed for the hearing. The notice shall be in such one of the forms set out in the Schedule hereto and numbered 14 and 15, as shall be appropriate.
26. The Rules contained in Parts I and IV...
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