The Rules of the Supreme Court (Northern Ireland) (Revision) 1980

ORDER 106 PROCEEDINGS RELATING TO SOLICITORS : THE SOLICITORS (NORTHERN IRELAND) ORDER 1976

Interpretation

1.  In this Order—

“the Order” means the Solicitors (Northern Ireland) Order 1976(1) and an Article referred to by number means the Article so numbered in that order;

“the Committee” means the Disciplinary Committee appointed under Article 43;

“Law Society” means the Incorporated Law Society of Northern Ireland;

In rules 13 to 18 “appeal” means an appeal under Article 53 to a judge of the High Court against an order made by the Disciplinary Committee.

[E.r. 1]

Jurisdiction under Part V of the Order exercisable by judge in chambers, etc.

2.  Any application to a judge of the High Court under Part V of the Order may be disposed of in chambers.

[E.r. 2]

Power to order solicitor to deliver cash account, etc.

3.—(1) Where the relationship of solicitor and client exists or has existed, the Court may, on the application of the client or his personal representatives, make an order for—

(a) the delivery by the solicitor of a cash account;

(b) the payment or delivery up by the solicitor of money or securities;

(c) the delivery to the plaintiff of a list of the moneys or securities which the solicitor has in his possession or control on behalf of the plaintiff;

(d) the payment into or lodging in court of any such moneys or securities.

(2) An application for an order under this rule must be made by originating summons.

(3) If the defendant alleges that he has a claim for costs, the Court may make such order for the taxation and payment, or securing the payment thereof and the protection of the defendant's lien, if any, as the Court thinks fit.

[E.r. 3]

Appearance to originating summons unnecessary

4.  No appearance need be entered to an originating summons under this Order.

[E.r. 5]

Application under rule 3 and Schedule 1 to the Order

5.—(1) Proceedings in the High Court under rule 3 and Schedule 1 to the Order shall be assigned to the Chancery Division.

(2) The originating summons by which an application for an order under the said rule or Schedule is made must be entitled in the matter of a solicitor or a deceased solicitor, as the case may be, (without naming him) and in the matter of the Order;

(3) Where an order has been made under paragraph 3(1)(b), 9 or 15(1) of the said Schedule an application for an order under paragraph 5, 13(1) or 19 may be made by summons in the proceedings in which the first mentioned order was made.

[E.r. 6]

Defendants to applications under Schedule 1 to the Order

6.  The defendant to an originating summons by which an application for an order under Schedule 1 to the Order is made shall be—

(a) if the application is for an order under paragraph 9 thereof, the solicitor or, as the case may be, every member of the firm, on whose behalf the money in respect of which the order is sought is held;

(b) if the application is for an order under paragraph 5 or 11 thereof, the Law Society;

(c) if the application is for an order under paragraph 3(1)(b) thereof, the person against whom the order is sought;

(d) if the application is for an order under paragraph 15 thereof for the re-direction of postal packets addressed to a solicitor or his firm, the solicitor or, as the case may be, every member of the firm;

(e) if the application is for an order under paragraph 16 thereof, the solicitor or personal representative in substitution for whom the appointment of a new trustee is sought and, if he is a co-trustee, the other trustee or trustees.

[E.r. 7]

Interim order restricting payment out of banking account

7.  At any time after the issue of an originating summons by which an application for an order under paragraph 9 of Schedule 1 to the Order is made, the Court may, on the ex parte application of the plaintiff, make an interim order under that paragraph to have effect until the hearing of the summons and include therein a further order requiring the defendant to show cause at the hearing why an order under that paragraph should not be made.

[E.r. 8]

Adding parties etc.

8.  Without prejudice to its power under Order 15, the Court may, at any stage of proceedings under Schedule 1 to the Orders order any person to be added as a party to the proceedings or to be given notice thereof.

[E.r. 9]

Service of documents

9.—(1) Any document required to be served on the Law Society in proceedings under this Order shall be served by sending it by prepaid post to the Secretary of the Law Society.

(2) Subject to paragraph (1) an originating summons by which an application under Schedule 1 to the Order is made, an order under paragraph 9 of that Schedule or rule 7 and any other document not required to be served personally which is to be served on a defendant to proceedings under the said Schedule shall, unless the Court otherwise directs, be deemed to be properly served by sending it by prepaid post to the defendant at his last known address.

[E.r. 10]

Title, service, etc. of notice of motion

10.—(1) The notice of the originating motion by which an appeal from the Committee is brought must be entitled in the matter of a solicitor (without naming him) and in the matter of the Order.

(2) Unless the Court otherwise orders, the persons to be served with such notice are every party to the proceedings before the Committee and the Law Society;

(3) Order 55, rule 14(2), shall apply in relation to the appeal as if for the period of 21 days therein specified there was substituted a period of 14 days commencing with the day on which a statement of the Committee's findings was filed pursuant to Article 52.

[E.r. 12]

Law Society to produce certain documents

11.—(1) Within 14 days after being served with notice of the originating motion by which an appeal is brought the Law Society must lodge in the Central Office three copies of each of the following documents:—

(a) the order appealed against together with the statement of the Committee's findings required by Article 52;

(b) any document lodged by a party with the Committee's findings which is relevant to a matter in issue on the appeal, and

(c) the transcript of the shorthand note, or as the case may be, the copy taken by the chairman of the Committee of the evidence in the proceedings before them.

(2) At the hearing of the appeal the Court shall direct by whom the costs incurred in complying with paragraph (1) are to be borne and may order them to be paid to the Law Society by one of the parties notwithstanding that the Law Society does not appear at the hearing.

[E.r. 13]

Restriction on requiring security for costs

12.  No person other than an appellant who was the applicant in the proceedings before the Committee shall be ordered to give security for the costs of an appeal.

[E.r. 14]

Power to require statement of Committee

13.  The Court may direct the Committee to furnish the Court with a written statement of their opinion on the case which is the subject-matter of an appeal or on any question arising therein, and where such a direction is given, the secretary of the Committee must, as soon as may be lodge three copies of such statement in the Central Office and at the same time send a copy to each of the parties to the appeal and the Secretary of the Law Society.

[E.r. 15]

Persons entitled to be heard on appeal

14.  A person who has not been served with notice of the originating motion by which an appeal is brought but who desires to be heard in opposition to the appeal shall, if he appears to the Court to be a proper person to be so heard, be entitled to be so heard.

[E.r. 16]

Discontinuance of appeal

15.—(1) An appellant may at any time discontinue his appeal by serving notice of discontinuance on the secretary of the Committee and every other party to the appeal, and if the appeal has been entered, by lodging a copy of the notice in the Central Office.

(2) Where an appeal has been discontinued in accordance with paragraph (1) it shall be treated as having been dismissed with an order for payment by incurred by the Law Society in complying with rule 11(1).

the appellant of the costs of and incidental to the appeal, including any costs

[E.r. 17]

Applications to the Lord Chief Justice

16.  A person who applies to the Lord Chief Justice—

(a) in respect of the refusal of the Law Society to issue a certificate pursuant to Article 5(2);

(b) in respect of the refusal of the Law Society to grant relief to any person seeking to be admitted as a solicitor against the contravention of regulations made under Article 6(1);

(c) under Article 14(2) from the decision of the Council of the Law Society refusing the issue of a practising certificate or as to any terms or conditions subject to which such a certificate is issued;

(d) under Article 16(4) from the decision of the Council of the Law Society not to terminate the suspension of a practising certificate;

(e) under Article 29(2) from the decision of the Council of the Law Society refusing to grant its consent or as to the terms and conditions attached to such consent under paragraph (1) of said Article;

(f) under Article 46(2) to have a solicitor's name replaced on the roll;

shall lodge in the Central Office—

(i) a petition under the hand of the applicant praying for the appropriate relief and setting out the circumstances in which the application is made and the matters of fact upon which the applicant relies in support of his application, and

(ii) an affidavit verifying the facts stated in the petition;

and shall within 2 days after lodging the said document in the Central Office lodge copies thereof at the Law Society's office.

Complaints to the Lord Chief Justice

17.—(1) A complaint to the Lord Chief Justice under Article 20 (which relates to a solicitor practising without a certificate) or under Article 27(1) (which relates to a solicitor acting as agent for an unqualified person) must be made by originating summons grounded on an affidavit setting out the nature of the complaint, the circumstances in which that complaint arose and the matters of fact upon which the complainant relies.

(2) The summons and a copy of the grounding affidavit must be served on the solicitor against whom the complaint is made and on the Law Society at least 14 days before the date of hearing.

(1)

S.I. 1976 No. 382 (N.I. 12)