SOLICITORS

Solicitors Disciplinary Tribunal - appeal - solicitor to be respondent and notice to be given to Law Society and tribunal

Lucas v Millman: QBD (Lord Justice Kennedy and Mr Justice Pitchers): 5 November 2002

The appellant, who had brought a complaint against a solicitor, appealed under section 49(2) of the Solicitors Act 1974 against the Solicitors Disciplinary Tribunal's decision that the solicitor who was the subject of the complaint had no case to answer.

On appeal, the question arose as to whether the tribunal, the Law Society, or the solicitor should be the respondent to such an appeal.

The appellant in person.

Fred Philpott for Ms Millman (instruct-ed by Howell & Co, Birmingham).

Andrew Hopper QC (instructed by the solicitor, Solicitors Disciplinary Tribunal) for the tribunal.

Held, dismissing the appeal, that there was a distinction to be drawn between being entitled to receive notice and being a party; that on a reading together of section 49(2) of the 1974 Act, rules 12, 13 and 15 of RSC Order 106 and paragraph 17.5 of the practice direction to CPR part 52, the proper parties in such an appeal were the appellant and the solicitor complained about, with the requirement that the Law Society and tribunal be notified.