header-logo header-logo

24 January 2014
Issue: 7591 / Categories: Case law , Law reports , In Court
printer mail-detail

Solicitor—Solicitors Disciplinary Tribunal—Duty to give reasons

Shaw and another v Logue [2014] EWHC 5 (Admin) 

Queen’s Bench Division, Administrative Court, Jay J, 13 January 2014

The standard of reasoning required from the Solicitors Disciplinary Tribunal was the same as that set out in South Bucks DC v Porter [2004] 1 WLR 1953; r 16(5) of the Solicitors (Disciplinary Proceedings) Rules 2007 requires no more and no less. 

Timothy Dutton QC and Craig Ulyatt (instructed by Mayer Brown International LLP) for the applicant. John Wardell QC and Andrew Mold (instructed by RadcliffesLeBrasseur) for the respondent.

The two appellants (the solicitors) were both former solicitors. They acted for clients in proceedings in the Chancery Division against the respondents. The respondents succeeded in the litigation, and then complained to the Solicitors Disciplinary Tribunal (SDT) about the solicitors. They adduced evidence obtained in related litigation in the US. The SDT found misconduct proved and struck off the solicitors. The solicitors appealed under s 49 of the Solicitors Disciplinary Act 1974. 

The grounds of appeal

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
back-to-top-scroll