Powers and costs in the SDT

Powers

The powers of the SDT are set out in section 47 of the Solicitors Act 1974 (as amended). This provides that, except in the case of applications under sections 42 and 43 of the Act, the Tribunal:

“shall have power to make such order as it may think fit, and any such order may in particular include provision for any of the following matters—

(a) the stiking off the roll of the name of the solicitor to whom the application or complaint relates;

(b) the suspension of that solicitor from practice indefinitely or for a specified period;

(c) the payment by that solicitor or former solicitor of a penalty not exceeding £5,000, which shall be forfeit to Her Majesty;

(d) in the circumstances referred to in subsection (2A), the exclusion of that solicitor from [F2providing representation funded by the Legal Services Commission as part of the Criminal Defence Service] (either permanently or for a specified period);

(e) the termination of that solicitor’s unspecified period of suspension from practice;

(f) the restoration to the roll of the name of a former solicitor whose name has been struck off the roll and to whom the application relates;

(g) in the case of a former solicitor whose name has been removed from the roll, a direction prohibiting the restoration of his name to the roll except by order of the Tribunal;

(h) in the case of an application under subsection (1)(f), the restoration of the applicant’s name to the roll;

(i) the payment by any party of costs or a contribution towards costs of such amount as the Tribunal may consider reasonable.

It should be remembered, however, that the SDT may make such order “as it may think fit”. Therefore, although not specifically referred to in the list above, the SDT may also reprimand the solicitor or order that the solicitor be censured.

So far as section 43, this applies to a person who is or was employed or remunerated by a solicitor in connection with his practice but is not himself a solicitor. Here, the only order which may be made is an order that:

“as from such date as may be specified in the order no solicitor shall, except in accordance with permission in writing granted by the Society for such period and subject to such conditions as the Society may think fit to specify in the permission, employ or remunerate, in connection with his practice as a solicitor, the person with respect to whom the order is made.”

Section 42, meanwhile, which relates to failure to disclose the fact of having been struck off or suspended, carries with it a mandatory sanction, and thus there is no discretion which the SDT may exercise.

Where the SDT orders a fine,m that fine is paid to the Treasury.

Costs

Rule 18 of the provides:

18. (1) The Tribunal may make such order as to costs as the Tribunal shall think fit including an order—
      (a) disallowing costs incurred unnecessarily; or
      (b) that costs be paid by any party judged to be responsible for
           wasted or unnecessary costs,
whether arising through non compliance with time limits or otherwise.
(2) The Tribunal may order that any party bear the whole or a part or a proportion of the costs.
(3) The amount of costs to be paid may either be fixed by the Tribunal or be subject to detailed assessment by a Costs Judge.
(4) The Tribunal may also make an order as to costs under this Rule—
     (a) where any application or allegation is withdrawn or amended;
     (b) where no allegation of misconduct (including an application under
          Section 43 of the Solicitors Act) is proved against a respondent.

The SDT can make an order for costs even though no allegation has been proved and even if no other is made.

If you have a query concerning powers and costs in the SDT and wish to contact us, you can:

• phone on 0333 888 4070
• email on help@lawyersdefencegroup.org.uk
• request a callback using the form in the right hand menu and someone will call you back at a pre-arranged time, or
• write to Lawyers Defence Group, Richard Nelson Solicitors, 8 The Courtyard, 707 Warwick Road, Solihull, West Midlands, B91 1TT