04 December 2008
Salsbury v Law Society [2008] EWCA Civ 1285, [2008] All ER (D) 240 (Nov)
In applying the principles set out in Bolton v Law Society [1994] 1WLR 512, [1994] 2 All ER 486, the Solicitors Disciplinary Tribunal (SDT) must take into account the rights of the solicitor under Arts 6 and 8 of the European Convention on Human Rights.
It is an overstatement to say that “a very strong case” is required before the court will interfere with the sentence imposed by the SDT.
Absent any error of law, the High Court must pay considerable respect to the sentencing decisions of the tribunal.
However, if the court is satisfied that the sentencing decision was clearly inappropriate, the court will interfere (see Law reports, p 1,720).
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