Regulatory conditions
Regulatory conditions are imposed under sections 9 to 18 of the 1974 Act where they are necessary in the interests of the public and the reputation of the profession. They must not only be necessary but also reasonable and proportionate. The case of Camacho v The Law Society [2004] EWHC/Admin/2004/1675 established that the Solicitors Disciplinary Tribunal (SDT) could not delegate its disciplinary function to another body such as the Law Society unless there were compelling reasons. If the SDT concluded that practising certificate conditions ought to be imposed as a sanction, it should impose such conditions itself; otherwise it should leave the matter entirely to the Law Society. The Law Society exercising its regulatory powers cannot bind itself to follow any recommendation or direction made by the SDT as to the imposition of conditions.The divisional court in Camacho also held that the SDT could, if it was appropriate, impose practising certificate conditions for an indefinite term, provided that it gave a permission to apply to the SDT so that it could reconsider the conditions and vary them according to circumstances.
Per Sir Anthony Clarke in Brandon, Re the Solicitors Act 1974 [2008] EWCA Civ 967.
Categories: 5th Edition, Chapter 16, Updates