Appeals to the Administrative Court

The Administrative Court

Appeals against decisions of the SDT are heard at the Royal Courts of Justice in the Administrative Court. Typically, the hearing is listed before a single, or two High Court judges.

Time limit to bring an Appeal

Both you and the SRA have 21 days from SDT’s detailed Judgment to issue an appeal setting out Grounds of Appeal. The Respondent may cross-appeal, or seek to have the SDT’s decision upheld on alternative grounds.

Will the Appeal be successful?

The Administrative Court will not interfere with the SDT’s decision as an informed expert tribunal unless there has been a procedural error, or the decision is plainly wrong.

When will the Appeal be heard?

The appeal will enter the Warned List before being listed to be heard around three to five months after issue. Prior to the hearing both parties file and serve Skeleton Arguments and an Authorities bundle.

What range of decisions can the appeal court make?

First and foremost it will decide whether to quash the first instance decision of the SDT. If it does so, it may then dismiss the SRA’s case, substitute its own sanction, or remit the case back to the SDT on any number of points.

Unlike in the SDT, usually the losing party is ordered to pay all or a proportion of the winning party’s costs.

Why choose us?

Considering whether to appeal, and how to respond to an SRA appeal involves fine decisions. If the SDT’s order is quashed, whether you seek to have the case remitted back to the SDT or ask the court to make an order also involves a fine balancing exercise.

We have the specialist experience to guide you on these important decisions.

Two recent case examples :

Kiani v Solicitors Regulation Authority [2015] EWHC 1981 (Admin) (QBD (Admin)) – Successful appeal against SDT decision to strike off a solicitor

This solicitor instructed another firm to act for her at the SDT where she was struck from the Roll. She came to us asking whether she had grounds for appeal. We immediately spotted that the Tribunal had erred procedurally and she instructed us to act in her appeal.

The Administrative Court agreed that the SDT had erred, quashed the decision, and upon being persuaded to do so, remitted the case back to the SDT before a freshly constituted tribunal.

Upon remission, the fresh tribunal imposed a backdated period of suspension, expiring well before the hearing, such that she was able to practise again with immediate effect.

The Administrative Court ordered the SRA to pay almost 100% of the Respondent’s solicitor’s costs and the SDT made no order as to costs.

Solicitors Regulation Authority v Kadurugamuwa [2017] Administrative Court (citation pending) – Successfully defended appeal against an SDT order

This solicitor had been fined £2,000 by the SDT following a criminal conviction and suspended custodial sentence for a money laundering offence. The SRA appealed on the ground that the sanction was unduly lenient.

We were recommended to the solicitor by another firm, and she instructed us to act. We advised her to resist the appeal.

The Administrative Court upheld the SDT’s decision and ordered the SRA to pay her costs as summarily assessed.

The SRA applied for permission to appeal to the Court of Appeal. After hearing from us, the court refused the SRA permission.

If you want us on your team, e-mail or speak to Andrew Blatt on 07973 752498 or Robert Forman on 07976 562236.

Murdochs Solicitors is authorised and regulated by the Solicitors Regulation Authority. SRA number 52683. The professional rules governing our lawyers can be found at rules.sra.org.uk. Copyright © 2011, Murdochs.