In the matter of MM [2011] JRC 002 (06 January 2011)

In the matter of MM [2011] JRC 002 (06 January 2011)

The Law Society of Jersey's conduct in processing the complaint and establishing the Disciplinary Committee was fundamentally flawed and unreasonable, resulting in a disciplinary process that failed to meet the requirements of natural justice. This justifies an order for costs against the Law Society, notwithstanding its regulatory function and absence of bad faith.

Citation
[2011] JRC 002
Parties
Appellant: Appellant; First Respondent: Law Society of Jersey; Second Respondent: Complainant
Jurisdiction
Jersey
Judgment Date
06 January 2011
Procedural Posture
Application for Costs Following Successful Appeal Against Disciplinary Decision / Post Appeal, Costs Determination
Outcome
Application for costs granted in favour of the Appellant against the Law Society of Jersey.
Legal Topics
Costs in Regulatory Proceedings, Natural Justice, Procedural Fairness, Disciplinary Proceedings Against Advocates
Professional Discipline Administrative Law Costs in Regulatory Proceedings Natural Justice Procedural Fairness Disciplinary Proceedings Against Advocates

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Parties

Appellant

Appellant

Law Society of Jersey

First Respondent

Complainant

Second Respondent

Procedural Posture

Application for Costs Following Successful Appeal Against Disciplinary Decision / Post Appeal, Costs Determination

Legal Issues

  1. 1 Whether the Law Society of Jersey can be ordered to pay costs following a successful appeal against its Disciplinary Committee's decision
  2. 2 What is the appropriate test for awarding costs against a regulatory body in disciplinary proceedings
  3. 3 Whether the Law Society's conduct in the disciplinary process was unreasonable so as to justify a costs order

Ratio Decidendi

The Law Society of Jersey's conduct in processing the complaint and establishing the Disciplinary Committee was fundamentally flawed and unreasonable, resulting in a disciplinary process that failed to meet the requirements of natural justice. This justifies an order for costs against the Law Society, notwithstanding its regulatory function and absence of bad faith.

Court Disposition

Application for costs granted in favour of the Appellant against the Law Society of Jersey.

Orders

  • The Appellant's costs of the appeal to be paid by the First Respondent (Law Society of Jersey), to be taxed if not agreed.