Solicitors (Amendment) Act, 1994

Adjournment of investigations under sections 8 and 9 of this Act.

13.—(1) Where civil proceedings or criminal proceedings are instituted in connection with a matter that is the subject of a complaint under section 8 or 9 of this Act and have not been finally determined, and the Society consider that in those proceedings it is likely that the court will determine an issue relevant to or concerning such complaint, the Society may adjourn their investigation under section 8 or 9 of this Act of such complaint until the civil proceedings or criminal proceedings, as the case may be, have been finally determined.

(2) If the Society consider that the subject matter of a complaint under section 8 or 9 of this Act has been investigated by a court in civil proceedings or criminal proceedings and that a final determination of the issues which are, in substance, the issues involved in the complaint has been made by the court in those proceedings in favour of the solicitor concerned (whether or not the solicitor was a party to those proceedings), the Society may decide to take no action or no further action in relation to the complaint.

(3) Proceedings shall not be regarded as finally determined for the purposes of subsection (1) or (2) of this section until any appeal (including an appeal by way of case stated), rehearing or retrial in relation to those proceedings has been determined.