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Corporate Members 2019

3PB Albion Chambers Ashfords Barcan + Kirby Burges Salmon Capstones Clarke Willmott Cooke Painter Ltd DAC Beachcroft Devereux & Co Enterprise Chambers The Family Law Practice Foot Anstey (including Enable Law) Fussell Wright Gregg Latchams Ltd Guildhall Chambers Irwin Mitchell Solicitors Kelcey & Hall Lyons Davidson Marc White & Co Meade King Michelmores LLP Osborne Clarke Queen Square Chambers Simmons … more

President’s Charity of the Year – Bristol Children’s Help Society

                            The Bristol Children’s Help Society is a privately funded volunteer led charity that owns and runs Barton Camp our 100 bed residential children’s centre in the beautiful Mendip hills. Barton Camp operates through the year as a base where disadvantaged local children can enjoy a few … more

No 12, The Meeting Rooms – Conference, Meeting and Mediation Rooms for Hire

Bristol Law Society’s suite of conference and meeting rooms including a suite of mediation rooms are conveniently located in the centre between the Waterfront Area and the Old City in a modern building situated on the corner of Colston Avenue and St Stephen’s Avenue. There are a number of large public car parks within a 5 minute walk from the … more

Costs in the SDT – Lessons for practitioners from the Leigh Day case

 

 

 

 

 

 

Emma Walker is an Associate Solicitor at Leigh Day, working in the firm’s Regulatory & Disciplinary team. For over 3 ½ years, Emma worked as part of the team responding to the SRA’s investigation and prosecution of Leigh Day.
In September 2018, Leigh Day launched its own Regulatory & Disciplinary team, in order to advise and support others with their compliance, regulatory and disciplinary needs. Emma forms part of that team.
Read the team’s insights and updates online, via Twitter, or on LinkedIn.

New Year, new chapter

This year will be the first in quite a few, in which I won’t be acting as part of Leigh Day’s in-house team, advising and supporting colleagues during the SRA’s investigation and prosecution arising out of the Al Sweady Inquiry. So 2019 represents a new chapter for me and Leigh Day’s Regulatory & Disciplinary team; one in which we are looking forward to helping clients with their regulatory and compliance needs.

The start of a new year, as well as being a good moment to look to the future, is also an opportunity to reflect on the journey leading up to that point. So at the start of this new year, I’ve been looking back on some of the judicial decisions in the Leigh Day case, because they represent important lessons for legal practitioners as they too look forward.

In this blog, I’ll be looking at the costs decision made in the Solicitors Disciplinary Tribunal (SDT) in December 2017, which is an authority successful respondents can call on, when applying to recover the costs of defending themselves in regulatory prosecutions. In my next article, I’ll be looking at some of the principles that can be drawn from the High Court’s decision on the appeal of some of the substantive allegations.

Costs in the SDT

In the Leigh Day costs decision, the Tribunal unanimously agreed that the SRA is not in the position of a normal party to litigation because of its statutory duty to regulate the profession in the public interest. Thanks to that duty, costs do not “follow the event”, meaning that even where the SRA’s prosecution is unsuccessful, costs are not normally awarded against it. In such cases, the Tribunal will need to look at the SRA’s conduct in bringing the case, to see whether it was “unreasonable” or otherwise justifies a costs order being made against it…….. CLICK HERE TO READ MORE