Solicitors Regulation Authority v Wingate & Anor [2017] EWHC 505 (Admin) (07 February 2017)

Solicitors Regulation Authority v Wingate & Anor [2017] EWHC 505 (Admin) (07 February 2017)

Given the unusual circumstances, the absence of dishonesty, and the complexity of determining appropriate sanctions, the discretion as to sanction is more appropriately exercised by the expert professional tribunal rather than by the High Court judge.

Citation
[2017] EWHC 505 (Admin)
Parties
Appellant: Solicitors Regulation Authority; Respondent: David Wingate; Respondent: Steven Evans
Jurisdiction
England and Wales
Judgment Date
07 February 2017
Procedural Posture
Appeal / Post Substantive Judgment; Sanction and Costs Determination
Outcome
Question of sanction and costs of proceedings below remitted to the Solicitors Disciplinary Tribunal; costs of and incidental to the appeal to be determined by the High Court.
Legal Topics
Sanctions, Remittal to Tribunal, Costs, Disciplinary Proceedings
Professional Regulation Legal Profession Sanctions Remittal to Tribunal Costs Disciplinary Proceedings

Case Brief

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Parties

Solicitors Regulation Authority

Appellant

David Wingate

Respondent

Steven Evans

Respondent

Procedural Posture

Appeal / Post Substantive Judgment; Sanction and Costs Determination

Legal Issues

  1. 1 Whether the High Court should determine sanction or remit the question of sanction to the Solicitors Disciplinary Tribunal
  2. 2 Appropriate forum for determining sanctions in professional misconduct cases
  3. 3 Whether the same tribunal panel should reconsider sanction

Ratio Decidendi

Given the unusual circumstances, the absence of dishonesty, and the complexity of determining appropriate sanctions, the discretion as to sanction is more appropriately exercised by the expert professional tribunal rather than by the High Court judge.

Court Disposition

Question of sanction and costs of proceedings below remitted to the Solicitors Disciplinary Tribunal; costs of and incidental to the appeal to be determined by the High Court.

Orders

  • Remit the whole question of sanction and the costs of the proceedings below to the Solicitors Disciplinary Tribunal.
  • Direct that, so far as possible, the same tribunal panel as previously constituted should hear the remitted matter.