Call on 0844 2722322

Direct Access and Referral Barrister.
at St Pauls Chambers, Leeds & Gough Square Chambers, London

High Court Sends sanction case back to SDT| SRA Lawyer

The High Court today decided to remit a high profile case back to the Solicitors Disciplinary Tribunal for sanction after a sucessful appeal by the SRA. 

In SRA v David Wingate, 7th February 2017 Holman J remitted the question of the appropriate sanctions to be imposed on two solicitors it had found guilty of professional misconduct, following an appeal. The SDT was in the best position to decide upon sanction, rather than a single Judge Court, although there is a hint that the Divisional Court where two Judges sit might have been appropriate.

The Judge described the panel as ‘an expert tribual’, which is a refreshing acknowledgement of the principle that the original tribunal is often in the best position to decide sanction having heard the evidence, and that appeals should only be allowed where the sanction is manifestly wrong ( often described as  ‘Wednesbury Unreasonable’ in other Administrative Court jurisdictions.)

Copyright © 2021. All rights reserved.