Tribunal Issues Practice Direction No. 5

The Practice Direction addresses the obiter dicta by Sir John Thomas, President of the Queen’s Bench Division, at paragraphs 25 and 26 of the Judgment in Muhammed Iqbal v Solicitors Regulation Authority [2012] EWHC 3251.  The Tribunal directs for the avoidance of doubt that, in appropriate cases where a Respondent denies some or all of the allegations against him (regardless of whether it is alleged that he has been dishonest), and/or disputes material facts, and does not give evidence or submit himself to cross-examination, the Tribunal shall be entitled to take into account the position that the Respondent has chosen to adopt as regards the giving of evidence when reaching its decision in respect of its findings.  The direction applies regardless of the fact that the Respondent may have provided a written signed statement to the Tribunal.  Please click Practice Direction No. 5 for full details.