The Solicitors (Disciplinary Proceedings) Rules 2019

Standard Directions E+W

20.—(1) Following certification of a case to answer under rule 13, standard directions must be issued by a clerk and sent to the parties.

(2) The standard directions may specify—

(a) the date fixed for the substantive hearing of the matter;

(b) the date by which a respondent must send to the Tribunal and serve on every other party an Answer to the allegations contained in the Statement served under rules 12 and 14 and a reply to the application and Statement served under rules 17, 18 and 19;

(c) the date by which the respondent must send to the Tribunal and serve on every other party all documents on which the respondent intends to rely at the substantive hearing;

(d) the date by which the parties must send to the Tribunal and serve on every other party a list of witnesses upon whose evidence they intend to rely at the substantive hearing;

(e) the date by which the parties must notify the Tribunal of any intention to rely on expert evidence;

(f) the date on which any case management hearing will take place;

(g) the date by which the parties must send a statement of readiness to the Tribunal;

(h) the date by which hearing bundles (and the number of copies) must be sent to the Tribunal;

(i) any other standard direction which the Tribunal considers appropriate to ensure the management of matters in accordance with the overriding objective of these Rules mentioned in rule 4.

(3) If a party fails to comply with the standard directions, any other direction or any of these Rules, the matter may be listed for a non-compliance hearing before a clerk, who will make appropriate directions, which may include listing the matter before the Tribunal which may direct that—

(a) evidence which has not been sent or served as directed may not be relied upon without permission of the Tribunal;

(b) an adverse costs order be made in default of compliance, which may be ordered to be paid immediately to any other party;

(c) adverse inferences that the panel hearing the matter considers appropriate may be drawn at the substantive hearing from the failure to comply.

(4) In this rule—

(a) an “Answer” is a document which sets out—

(i) which allegations in the Statement are admitted and which are denied; and

(ii) the reasons for denial;

(b) a “statement of readiness” is a document—

(i) confirming that the parties are ready for the substantive hearing;

(ii) setting out what, if any, further directions are required by the parties; and

(iii) setting out whether the time estimate for the final hearing is the same as was anticipated when standard directions were issued or at any subsequent case management hearing, or otherwise providing a revised time estimate.

Commencement Information

I1 Rule 20 in force at 25.11.2019, see rule 1