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01 February 2013 / Tim Kerr , Charles Banner
Issue: 7546 / Categories: Features , Regulatory
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How high a hurdle?

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What standard of proof must the SDT apply to allegations of solicitors’ misconduct, ask Tim Kerr QC & Charles Banner

Under r 7.7 of the Solicitors (Disciplinary Proceedings) Rules 2011, where the Solicitors Regulation Authority (SRA) makes a disciplinary decision itself without referring the matter to the Solicitors Disciplinary Tribunal (SDT), the civil standard is expressly applied. The rules are silent, however, as to the applicable standard in cases referred to the SDT. This contrasts with the rules governing proceedings before the Bar Disciplinary Tribunal, which specify that the criminal standard of proof is to be applied (see reg 11 of the Disciplinary Tribunals Regulations 2009). In the absence of statutory provision for the SDT, it is for the common law to determine the applicable standard.

This issue was raised, but not decided, in Richards v The Law Society [2009] EWHC 2087 (Admin). In that case, the Law Society maintained that the criminal standard applied, while the SRA contended for the civil standard. Sir Anthony May held that the issue

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Signature Litigation—Catherine Naylor

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NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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