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Part IIU.K. Professional Practice, Conduct and Discipline of Solicitors and Clerks

Disciplinary proceedings before Solicitors Disciplinary TribunalU.K.

49 Appeals from Tribunal.E+W

(1)An appeal from the Tribunal shall[F1 lie to the High Court].

(2)Subject to subsection (3) [F2and to section 43(5) of the Administration of Justice Act 1985], an appeal shall lie at the instance of the applicant or complainant or of the person with respect to whom the application or complaint was made.

(3)An appeal against an order under section [F343(3A)] shall lie only at the instance of the person with respect to whom the [F4order] was made.

(4)The High Court F5. . . shall have power to make such order on an appeal under this section as [F6it] may think fit.

(5)Subject to any rules of court, on an appeal against an order made by virtue of rules under section 46(10)(c) without hearing the applicant or complainant, the court—

(a)shall not be obliged to hear the appellant, and

(b)may remit the matter to the Tribunal instead of dismissing the appeal,

[F7(6)Any decision of the High Court—

(a)on an application under section 43(3) or 47(1)(d), (e), (ea) or (f), or

(b)against an order under section 43(3A),

shall be final.]

(7)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Figure in s. 49(3) substituted (27.9.1999) by 1999 c. 22, s. 48, Sch. 7 para. 9(2)(a) (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(a)

Modifications etc. (not altering text)