26.—(1) If an application is made for the disclosure or discovery of material, the Tribunal may make an order that material be disclosed where it considers that the production of the material is necessary for the proper consideration of an issue in the case, unless the Tribunal considers that there are compelling reasons in the public interest not to order the disclosure.
(2) Any order made by the Tribunal [F1only applies] to material that is in the possession or under the control of a party.
(3) An order made under paragraph (1) [F2does not] oblige the parties to produce any material which they would be entitled to refuse to produce in proceedings in any court in England and Wales.
(4) A party to proceedings before the Tribunal is required to disclose only—
(a)the documents on which the party relies;
(b)any documents which –
(i)adversely affect that party’s own case;
(ii)adversely affect another party’s case; or
(iii)support another party’s case; and
(c)any documents which the party is required to disclose by a relevant practice direction.
Textual Amendments
F1Words in rule 26(2) substituted (25.5.2020) by The Solicitors (Disciplinary Proceedings) (Amendment) Rules 2020 (S.I. 2020/462), rules 1(2), 13(1)
F2Words in rule 26(3) substituted (25.5.2020) by The Solicitors (Disciplinary Proceedings) (Amendment) Rules 2020 (S.I. 2020/462), rules 1(2), 13(2)
Commencement Information