Roberts v Hook & Anor [2013] EWHC 1349 (Admin) (13 March 2013)

Roberts v Hook & Anor [2013] EWHC 1349 (Admin) (13 March 2013)

The appeal was dismissed because the allegations were too vague to allow a fair trial, there was insufficient evidence of dishonesty, the claims were excessively delayed, and the proceedings were a re-run of previously dismissed complaints. The Tribunal was correct to find no case to answer, and the appeal was totally without merit.

Citation
[2013] EWHC 1349 (Admin)
Parties
Appellant: Brian Roberts; Respondent: David John Hook; Respondent: Jacqueline Ann Gross
Jurisdiction
England and Wales
Judgment Date
13 March 2013
Procedural Posture
Statutory Appeal / Final Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Solicitors' Disciplinary Proceedings, Statutory Appeals, Abuse of Process, Delay in Disciplinary Proceedings, Costs Assessment, Totally Without Merit Certification
Professional Discipline Civil Procedure Solicitors' Disciplinary Proceedings Statutory Appeals Abuse of Process Delay in Disciplinary Proceedings Costs Assessment Totally Without Merit Certification

Case Brief

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Parties

Brian Roberts

Appellant

David John Hook

Respondent

Jacqueline Ann Gross

Respondent

Procedural Posture

Statutory Appeal / Final Judgment on Appeal

Legal Issues

  1. 1 Whether the Solicitors Disciplinary Tribunal erred in dismissing the complaint without reasons or a hearing
  2. 2 Whether the appeal should be allowed given the nature and age of the allegations
  3. 3 Whether the proceedings amounted to an abuse of process or were otherwise procedurally unfair

Ratio Decidendi

The appeal was dismissed because the allegations were too vague to allow a fair trial, there was insufficient evidence of dishonesty, the claims were excessively delayed, and the proceedings were a re-run of previously dismissed complaints. The Tribunal was correct to find no case to answer, and the appeal was totally without merit.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed as totally without merit
  • Respondents awarded costs, subject to detailed assessment if not agreed, with interim payment order of £5,000