Solicitors (Amendment) Act, 1960

Proceedings before the High Court in relation to a report brought before the Court under section 7.

8.—(1) Where the Disciplinary Committee, after holding an inquiry into the conduct of a solicitor, make, under section 7 of this Act, to the High Court a report which is brought before the High Court by the Society under the said section 7, the following provisions shall have effect—

(a) the High Court, after consideration of the report—

(i) may by order

(I) strike the name of the solicitor off the roll,

(II) suspend the solicitor from practice for such period as the High Court may fix, or

(III) censure the solicitor or censure him and require him to pay a money penalty,

(ii) may make such order as to the costs incurred in the proceedings before it and the Disciplinary Committee as it thinks fit,

(iii) may make any ancillary order in relation to the case which the High Court may think fit,

(b) the High Court may, if it thinks fit, on special grounds, remit the case to the Disciplinary Committee to take further evidence for submission to it and make to it a supplementary report, and the Court may adjourn the hearing of the case pending the submission to it of such further evidence and the making of such supplementary report,

(c) in addition to doing any of the things specified in the foregoing paragraphs of this subsection, the High Court may also by order do any one or more of the following things—

(i) direct the solicitor to make such restitution to any aggrieved party as the High Court thinks fit,

(ii) on the application of the Society, direct the delivery to any person appointed by the Society of all or any documents in the possession or control of the solicitor or his firm or relating to any trust of which the solicitor is or was the sole trustee or of which the trustees are or were the solicitor with a partner, clerk or servant of his or with more than one of such persons,

(iii) direct either—

(I) that no banking company shall, without leave of the High Court, make any payment out of a banking account in the name of the solicitor or his firm, or

(II) that a specified banking company shall not, without leave of the High Court, make any payment out of a banking account in the name of the solicitor or his firm.

(2) (a) Where an order with respect to documents is made by the High Court under subparagraph (ii) of paragraph (c) of subsection (1) of this section, the Society may make inquiries to ascertain the person or persons to whom the documents belong and may deal with the documents in accordance with the direction of such person or persons.

(b) For the purposes of paragraph (a) of this subsection, the provisions set out in the Second Schedule to this Act shall have effect.

(3) Where the High Court by an order under subsection (1) of this section requires a solicitor to pay a money penalty, the order shall operate as a judgment against the solicitor in favour of the Society, and the money penalty, when recovered, shall be paid into the Compensation Fund.

(4) If any person acts as agent or nominee of a solicitor or his firm so as to render nugatory an order made by the High Court under subparagraph (iii) of paragraph (c) of subsection (1) of this section, such person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.