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The Solicitors Disciplinary Tribunal 2nd ed

ISBN13: 9781784461713
Previous Edition ISBN: 9781907698958
Published: May 2022
Publisher: Law Society Publishing
Country of Publication: UK
Format: Paperback
Price: £145.00

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The Solicitors Disciplinary Tribunal (SDT) has the power to strike a solicitor’s name off the roll, suspend a solicitor from practice, fine or reprimand a solicitor or make such other order as it thinks fit.

This book provides a unique step-by-step guide to the law and practice of the SDT, from the issue of proceedings through to appeal. Its practical approach will help anyone who wishes to avoid the common pitfalls faced by unfamiliar users of the Tribunal. It is the only comprehensive book available on SDT proceedings and it contains all the leading cases on Tribunal proceedings (many of which are not available on the internet) in one handy volume.

This second edition has been extensively revised and updated to include all the latest relevant cases and references and to reflect major changes, including:

  • the shift in the standard of proof from the criminal to the civil standard
  • changes flowing from the introduction of SDPR 2019
  • the bedding in of the SRA Standards and Regulations 2019
  • the current law and practice on agreed outcomes
  • the test for dishonesty
  • the test for integrity and the fallout from the Wingate case
  • the test for appeals to the High Court
  • changes as to the status of and SDT jurisdiction over RELs

Professional Negligence, Professional Conduct and Ethics
1. The constitution of the Solicitors Disciplinary Tribunal
2. The SRA decision to prosecute
3. Jurisdiction, issue and service
4. Public hearings and publicity
5. Rule 12 statements, answers and replies
6. Standard Directions, Practice Directions and Case Management
7. Disclosure
8. Interim applications
9. Evidence
10. Dishonesty cases
11. Types of misconduct
Section 43 orders, RELs and RFLs
13. Settlements
14. The trial
15. Sanctions
16. Costs
17. Appeals from the SDT
18. Termination of an indefinite suspension
19. Restoration
20. Variation and removal of restrictions
21. Appeals to the Tribunal