CONSULTATION ON THE MAKING OF PROCEDURAL RULES IN RELATION TO APPLICATIONS TO THE TRIBUNAL

The Solicitors Disciplinary Tribunal (“the Tribunal”) has launched a consultation on the making of procedural rules in relation to first instance applications to the Tribunal. The consultation will run from 16 July 2018 to 8 October 2018.

The current standard of proof used in disciplinary proceedings before the Tribunal is the criminal standard. The Tribunal is inviting views on whether instead it should apply the civil standard in line with other professional regulators.

The proposed draft rules update the current Solicitors (Disciplinary Proceedings) Rules 2007. The Tribunal is seeking views on whether the other provisions in the draft rules are fit for purpose.

Edward Nally, President of the Tribunal said: “We have been preparing for this update and overhaul of our Rules for some time now. It is a perfect opportunity for us to tackle the question of the appropriate standard of proof to be applied in the future, which I know is a matter of great interest to many commentators and stakeholders. I have said before that we will take the initiative on this, and look forward to the results of the consultation with great interest. My intention is that at the end of the process the new Rules that emerge will be sustainable and clear, providing a solid framework for those engaging with the Tribunal in the future.”

The consultation is available here: Consultation