The Gazette 1958-61

Disciplinary Committee under Section 18 of the Solicitors' Act 1954 must appear before the High Court, if the Society applies by notice of motion; in such case, all previous affidavits and documentary evidence shall be admissible as evidence and the High Court, after reading these documents, and hearing any additional evidence tendered by the Society, or by the solicitor, shall treat the case as if it had been first brought under this Act. An order of the High Court under this jurisdiction will be final, but an appeal to the Supreme Court lies by leave of the High Court on a question of law. All matters and documents which were before the former or present Disciplinary Committee, and the reports brought before the High Court are absolutely privileged. As regards the enforcement of the attendance of witnesses, and the compelling of the production of documents, the Disciplinary Committee shall have the same powers as the High Court, and may bring before the High Court any offender to be punished for contempt of Court. A copy of every order made by the High Court under the Act, or of an order by the Disciplinary Com mittee removing a solicitor from the roll at his own request shall be filed with the Registrar. Notice of such orders shall be published in " Iris Oifigiuil ". Proceedings before the Disciplinary Committee shall be a legal proceeding within the Bankers' Books Evidence Acts 1879 and 1959. Part III (Sections 19 to 24) deals with the control of the solicitor's property and with the Compensation Fund. Under the first heading the existing provisions of the Solicitors' Act 1954 with regard to taking over documents and applications to freeze a bank account are re-enacted with certain minor amend ments. These provisions are for the protection of the Compensation Fund. The Society shall continue to maintain and administer the Compensation Fund in accordance with the provisions of the Third Schedule, and the principles upon which the Society will make grants for losses suffered by clients are fully set out. Before a practising certificate is issued to any solicitor in respect of the practice year 1961-62, he shall pay to the Society an annual con tribution of twenty pounds, which is reduced to five pounds in the case of solicitors who have been admitted for less than three years. The Society shall have regard to the principle of maintaining the total amount standing to" the credit of the Compensation Fund at £25,000 after providing for all liabilities, and in reducing the amount of the annual contribu tion for any subsequent practice year, are to have regard to this principle. Section 21 (5) (c) gives an important discretion to the Society in considering an application for compensation. The application may be refused, or

EXPLANATORY NOTE. (This note is notpart of the instrument and does not purport to be a leffll interpretation thereof?) This order— (a) applies to solicitors' costs for non-contentious business, (If) simplifies the system of charging by reducing the number of items, (c) amends certain existing conditions in the furnishing of gross sum bills, (