Guide for Solicitors

The standard of proof currently applied by the Tribunal is the criminal standard. The party bringing the Application before the Tribunal must prove the allegation(s) raised within that Application beyond reasonable doubt.  

Once an application/complaint has been submitted to the the Tribunal,  the complaint must continue unless the Tribunal gives permission for it to be withdrawn. This will usually be upon an application by the Applicant to withdraw the complaint. Currently, there is no formal mechanism within the disciplinary process that would allow for a settlement between the parties or an agreed outcome approach by consent.  

Yes, a party to the proceedings can make a preliminary application. Any such application should be made in writing and be supported by affidavit evidence. 

The hearing before the Tribunal is recorded. The Tribunal cannot provide a written transcript however a copy of the audio recording may be provided on request as soon as possible after a hearing has taken place. Please note that this audio will only be provided to those persons who have been party to the proceedings or their legal representatives.  

All enquiries in relation to the recording should be made in writing directly to the Secretary of the Tribunal.