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Solicitors Act 1974
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Changes over time for: Section 40
Version Superseded: 01/07/2009
Alternative versions:
- 01/02/1991- Amendment
- 01/01/1992
Point in time - 01/07/2009- Amendment
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Point in time view as at 01/01/1992. This version of this provision has been superseded.
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40 Solicitor not to commence or defend actions while in prison.E+W
(1)No solicitor while a prisoner in any prison shall as a solicitor, in his own name or in the name of any other solicitor, issue any writ or process, or commence, prosecute or defend any action or any matter in bankruptcy.
(2)If any solicitor commences, prosecutes or defends any action or any matter in bankruptcy in contravention of subsection (1)—
(a)he shall be incapable of maintaining an action for the recovery of any costs in respect of any business so done by him; and
(b)he and any other solicitor in whose name he is permitted to commence, prosecute or defend the action or matter shall be guilty of contempt of the court in which it is commenced, prosecuted or defended and may be punished accordingly.
Modifications etc. (not altering text)
C1S. 40 extended (22.5.2000) by S.I. 2000/1119, regs.1, 37(3), Sch. 4 para. 7(2)
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