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This site is based on Disciplinary and Regulatory Proceedings, 8th Edition
Disciplinary and Regulatory Proceedings is the leading work on this important and dynamic area of law. For 20 years it has provided authoritative guidance to lawyers, tribunals, and other experts dealing with professional discipline and regulation.

Practising certificates

"Section 12 of the [1974] Act confers a discretion on the Law Society to impose conditions [on Solicitors practising certificates] in certain defined circumstances [...] The expression 'vesting a discretion' simply means that the solicitor has been notified as provided in section 12(1)(e) which permits the Law Society to consider whether to impose a condition at the next renewal of the practising certificate."

"The decision to vest a discretion does not therefore itself determine any of the solicitor's legal rights. Moreover, if the Law Society should subsequently impose a condition on the certificate, the solicitor has a right of appeal to the Master of the Rolls under section 13(A)(6) of the Act. The Master of the Rolls conducts such appeals under the Master of the Rolls (Applications and Appeals) Regulations 2001 which provide (subject to very limited exceptions) that the hearings of such appeals shall be in public. So far as I can see, those rules are entirely compatible with Article 6(1) of the Convention."

"In these circumstances it is to my mind clear that the decision to 'vest a discretion' was not a determination of the claimant's civil rights and, in any event, viewed as a whole, the process does not infringe his Convention rights in this regard."
Per Neuberger MR in Thompson v the Law Society [2004] EWCA Civ 167; [2004] 1 WLR 2522 at [90] -- [92].

 

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