Solicitors Regulation Authority v Wingate & Anor

Solicitors Regulation Authority v Wingate & Anor

Given the unusual circumstances, absence of dishonesty, and the complexity of sanction options, the question of sanction and costs of the proceedings below should be remitted to the Solicitors Disciplinary Tribunal, preferably to the same panel if available.

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

Case Brief

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Parties

Solicitors Regulation Authority

Appellant

David Wingate

Respondent

Steven Evans

Respondent

Procedural Posture

Appeal / Sanctions and Costs Determination After Substantive Judgment

Legal Issues

  1. 1 Whether the High Court should itself determine sanction or remit the question to the Solicitors Disciplinary Tribunal
  2. 2 Appropriate forum for determining sanctions in cases where dishonesty is not found but serious misconduct is established
  3. 3 Whether the same tribunal panel should reconsider sanction

Ratio Decidendi

Given the unusual circumstances, absence of dishonesty, and the complexity of sanction options, the question of sanction and costs of the proceedings below should be remitted to the Solicitors Disciplinary Tribunal, preferably to the same panel if available.

Court Disposition

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

Orders

  • Sanction and costs of proceedings below remitted to the Solicitors Disciplinary Tribunal.
  • Remitted hearing to be before the same panel if available and with expedition.