The Licensed Conveyancers' Discipline and Appeals Committee (Procedure) Rules Approval Order 1987

Proof of the facts alleged in cases relating to conduct

11.—(1) In cases relating to conduct the following order of proceedings shall be observed as respects proof of the charge or charges:–

(a) the case against the respondent shall be opened by the complainant (if any appears) or else by the Solicitor;

(b) thereafter evidence shall be adduced of the facts alleged in the charge or charges;

(c) if no evidence is adduced concerning any particular charge the Committee shall announce a finding that the respondent is not guilty in respect of the matters to which that charge relates.

(2) Where the respondent appears the following further order of proceedings shall be observed:–

(a) at the close of the case against him the respondent may, if he so desires, make either or both of the following submissions relating to any charge concerning which evidence has been adduced, namely–

(i) that no sufficient evidence has been adduced upon which the Committee could find that the facts alleged in the charge have been proved;

(ii) that the facts alleged in the charge are not such as to justify the charge;

and where such a submission is made, any other party may reply thereto.

(b) If a submission is made under the last foregoing sub-paragraph, the Committee shall consider and determine whether it should be upheld. If the Committee determine to uphold it they shall record, and the Chairman shall announce, their finding that, in relation to the matters to which that charge relates, the respondent is not guilty.

(c) The respondent may adduce evidence in answer to any charge concerning which evidence has been adduced and, whether he adduces evidence or not, may address the Committee. Except with the leave of the Committee only one address may be made under this paragraph and, where the respondent adduces evidence, shall be made either before that evidence is begun or after it is concluded.

(d) At the close of the case for the respondent, the complainant or the Solicitor, as the case may be, may, with the leave of the Committee, adduce evidence to rebut any evidence adduced by the respondent; and if he does so, the respondent may make a further address limited to the rebutting evidence.

(e) The complainant or the Solicitor, as the case may be, may address the Committee by way of reply to the respondent’s case–

(i) if oral evidence (not being evidence as to character) other than that of the respondent himself has been given on the respondent’s behalf; or

(ii) with the leave of the Committee, where no such evidence has been given.

(f) Without prejudice to that last foregoing sub-paragraph, if the respondent has made a submission to the Committee on a point of law any other party shall have a right of reply limited to that submission.

(3) On the conclusion of the aforesaid proceedings, the Committee shall consider and determine as respects each charge which remains outstanding which, if any, of the facts alleged in the charge have been proved to their satisfaction.

(4) If under the last foregoing paragraph the Committee determine as respects any charge, either that none of the facts alleged in the charge has been proved to their satisfaction, or that such facts as have been so proved would be insufficient to justify the charge, the Committee shall record a finding that the respondent is not guilty in respect of the matters to which that charge relates.