Baker, R (on the application of) v Hossack

Baker, R (on the application of) v Hossack

The reasons of the applicants for making the complaints are irrelevant to the determination of the disciplinary issues before the Solicitors Disciplinary Tribunal. The applicants have no material or relevant evidence to give, as they were not involved in the litigation and cannot comment on the truth of the allegations. The witness summonses are therefore set aside.

Parties
Claimant: The Queen on the Application of Baker; Defendant: Hossack
Jurisdiction
England and Wales
Judgment Date
10 September 2009
Procedural Posture
Judicial Review Application / Application to Set Aside Witness Summonses
Outcome
Witness summonses set aside
Legal Topics
Witness Summons, Solicitors Disciplinary Tribunal, Judicial Review, Professional Misconduct
Administrative Law Professional Discipline Witness Summons Solicitors Disciplinary Tribunal Judicial Review Professional Misconduct

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Parties

The Queen on the Application of Baker

Claimant

Hossack

Defendant

Procedural Posture

Judicial Review Application / Application to Set Aside Witness Summonses

Legal Issues

  1. 1 Whether the witness summonses issued against Councillor Baker and Mr Robinson should be set aside
  2. 2 Whether the applicants can provide material or relevant evidence in the disciplinary proceedings against Mrs Hossack

Ratio Decidendi

The reasons of the applicants for making the complaints are irrelevant to the determination of the disciplinary issues before the Solicitors Disciplinary Tribunal. The applicants have no material or relevant evidence to give, as they were not involved in the litigation and cannot comment on the truth of the allegations. The witness summonses are therefore set aside.

Court Disposition

Witness summonses set aside

Orders

  • The witness orders against Councillor Baker and Mr Robinson are set aside.