Locations
The Solicitors Regulation Authority (the “Regulator”) in the UK has succeeded in a High Court bid to overturn a retrospective anonymity order made by the SDT.
The High Court challenge arises from a decision of the SDT, in relation to seven allegations made against a solicitor, the breach of which was found to be a ‘technical breach’ of the code of conduct, to make a retrospective anonymity order. The technical breach was the failure to obtain the written consent of both parties when acting for them in a related transaction. No disciplinary action was taken against the solicitor, Mr Spector. Following the hearing, the SDT directed the following:
- Mr Spector's name should be retrospectively anonymised; and
- if the SRA was contacted by anyone who had not already been informed of Mr Spector’s SDT appearance, the SRA could not mention it.
In reaching its decision, the High Court pointed out that members of the public were present at the hearing (15 day public hearing) and knew that Mr Spector was present, and of course his name had appeared on the tribunal listings as well.
English case law is not binding in this jurisdiction, but it can be persuasive especially where no relevant Irish case law can be found. The above case may therefore be useful to Irish regulators, who are implementing legislation that for the first time requires them to facilitate professional conduct inquiries to be heard in public. It is important for hearing panels to consider when is the appropriate time to consider an application to grant anonymity to a witness or a registrant.
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