The Solicitors (Disciplinary Proceedings) Rules 2019

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules regulate procedure for the making, hearing and determination of applications made to the Solicitors Disciplinary Tribunal constituted under the Solicitors Act 1974 (as amended). They replace the previous 2007 Rules.

Part 1 contains introductory provisions. Rule 4 sets out (for the first time) the overriding objective of the rules, which is to enable the Tribunal to deal with cases justly and at proportionate cost. Rule 5 sets out the standard of proof to be applied at the Tribunal’s proceedings. It was formerly the standard applicable in criminal proceedings but is now the standard applicable in civil proceedings. Rule 6 makes general provision about the regulation of procedure.

Part 2 makes provision about the constitution of the Tribunal, and sets out the duties of the Tribunal’s clerks.

Part 3 sets out the procedure to be followed when making applications to the Tribunal.

Part 4 contains provisions about case management, including provisions about standard directions, case management hearings, agreed outcome proposals, disclosure and discovery.

Part 5 makes provision about evidence, including the service of evidence, written evidence, expert evidence, and admissibility of evidence about convictions and character evidence.

Part 6 makes provision about hearing procedures, including about whether hearings should be held in public or private, proceedings in absence of a party, recording of hearings and the decision making procedure.

Part 7 contains miscellaneous provisions, including about awards of costs, sending and serving of documents, calculating time and legal representation.

The Rules revoke the Solicitors (Disciplinary Proceedings) Rules 2007.

The Rules make reference throughout to the types of forms that must be used in relation to Tribunal proceedings. Copies of the Rules and the forms can be obtained from the Tribunal at its offices at 5th Floor, Gate House, 1 Farringdon Street, London EC4M 7LG or found on the Tribunal’s website at the following address: www.solicitorstribunal.org.uk