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has been submitted to the the Tribunal, the complaint must continue unless the Tribunal gives permission for it to be withdrawn.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.
In Northern Ireland, Orders of the Tribunal are not published. The Tribunal will only provide the parties the subject of the proceedings with a signed copy of the Order.
Please note, that pursuant to Article 54 of the Solicitors (Northern Ireland) Order 1976 (as amended), an Order of the Tribunal will be filed with the Law Society of Northern Ireland. The Law Society do not currently publish Orders of the Tribunal but rather provide a synopsis of the decision made. This will be presented in anonymised form in the Annual Review which is produced by the Law Society.
If the decision of the Tribunal results in you being struck from the Roll of Solicitors, the report made by the Law Society will not be anonymised.
An application to adjourn a hearing should be made as soon as possible in writing to the Secretary to the Tribunal at general@sdt-ni.co.uk. The Tribunal will consider an adjournment application and reserves the right to make any decision it considers appropriate. Please note that if a case has been listed for hearing, an adjournment application should be made well in advance of that date or as soon as reasonably practicable.
An appeal against the Order of the Tribunal must be made within 21 days of the date on which the determination is made by the Tribunal.
Your appeal should be lodged with the High Court of Northern Ireland.
