header-logo header-logo

Solicitor—Solicitors Disciplinary Tribunal—Duty to give reasons

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

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll