Solicitors (Amendment) Act, 1994
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Appeals to the High Court against determinations, directions or requirements of the Society. |
11.—(1) A solicitor in respect of whom a determination or direction has been made or given by the Society under section 8 (1), 9 (1) or 12 (1) of this Act or who has received a notice for production or delivery of documents from the Society under section 10 (1) of this Act may, within a period of 21 days of the notification of such determination or direction to him, or the receipt of such notice by him, apply to the High Court for an order directing the Society to rescind or to vary such determination or direction, or to vary or withdraw such notice, and on hearing such application the Court may make such order as it thinks fit. | |
(2) Where a solicitor in respect of whom a determination or direction has been made or given by the Society under the provisions of section 8 (1), 9 (1) or 12 (1) of this Act has not applied within the period provided to the High Court under subsection (1) of this section, such determination or direction shall become absolutely binding on the solicitor immediately upon the expiration of such period. | ||
(3) Where the Society have given notice in writing to a solicitor or his firm under the provisions of section 10 (1) of this Act and where an application has not been made by the solicitor within the period provided under subsection (1) of this section, the Society may apply to the High Court for an order directing the solicitor to produce or deliver to any person authorised by the Society all documents in respect of which such notice was given. | ||
(4) Where an application has been made by a solicitor under subsection (1) of this section, the Society may apply to the High Court and the Court may dismiss the application of the solicitor if it is satisfied that such application has no merits and has been made purely for the purposes of delay, and, where applicable and if the Court thinks fit, shall order the solicitor to produce or deliver to any person appointed by the Society all documents in respect of which a notice has been given to the solicitor or his firm under section 10 (1) of this Act. | ||
(5) If a solicitor, in respect of whom a determination or a direction has been made or given by the Society under the provisions of section 8 (1) or 9 (1) of this Act or who has received a notice for production or delivery of documents from the Society under the provisions of section 10 (1) of this Act (to the extent that it has not been rescinded or varied by the High Court pursuant to an application under subsection (1) of this section), refuses, neglects or otherwise fails to comply with such determination or direction or notice without reasonable excuse, he shall be guilty of an offence and be liable on summary conviction thereof to a fine not exceeding £1,500. |