02/12/20
The Solicitors’ Disciplinary Tribunal has today given judgment in novel regulatory proceedings concerning solicitors’ obligations when giving evidence as witnesses in civil disputes: Solicitors Regulation Authority (“SRA”) v N 11893-2018 (02 December 2020).
The case arose out of a commercial dispute culminating in a trial in the Chancery Division at which a solicitor gave evidence concerning the existence and terms of an alleged partnership arrangement.
The SRA subsequently brought disciplinary proceedings against the solicitor contending that he had been guilty of misconduct by, amongst other things, giving evidence that had been “evasive, obfuscating, and lacking in candour”. This is believed to be the first occasion on which a disciplinary allegation has been framed by reference to the manner in which evidence was given as distinct from the untruthfulness of the evidence itself.
Following a 6-day trial and detailed argument concerning the transcript of the earlier proceedings, the Tribunal upheld allegations framed in the above terms (amongst others) and also made findings of dishonesty. In so doing it upheld an allegation that a solicitor’s codified duty to “uphold the rule of law and the proper administration of justice” extended beyond his actions qua solicitor and applied to his conduct as a witness in proceedings.
The SRA ordered that the solicitor be struck from the Roll and pay the SRA’s costs.
James McClelland appeared as sole Counsel for the SRA.
Michael McLaren QC of Fountain Court Chambers appeared for the solicitor.
The Tribunal’s detailed written reasons are pending. The period for lodging an appeal has not expired. Not all of the SRA’s allegations were proved.
