The Solicitors (Disciplinary Proceedings) (Amendment) Rules 2020

• Citation: S.I. 2020/462
• Sections: 20

Section 1 Citation and commencement

(1) These Rules may be cited as the Solicitors (Disciplinary Proceedings) (Amendment) Rules 2020.

(2) These Rules come into force on 25th May 2020.

Section 2 Amendments to the Solicitors (Disciplinary Proceedings) Rules 2019

The Solicitors (Disciplinary) Rules 2019 are amended as follows.

Section 3 Amendments to rule 3 (interpretation)

In rule 3(1), in the definition of “a lay application” renumber sub-paragraphs (d) and (e) as (a) and (b).

Section 4 Amendments to rule 3 (interpretation)

In rule 3(4)(a)(i), for “exit day” substitute “IP completion day” in both places where those words occur.

Section 5 Amendments to rule 3 (interpretation)

In rule 3(5)—

(a) for “any period” substitute “the period”;

(b) for “exit day” substitute “IP completion day”.

Section 6 Amendment to rule 4 (the overriding objective)

In rule 4(2), for “will” substitute “must”.

Section 7 Amendments to rule 5 (standard of proof)

In rule 5—

(a) for “will” substitute “must”;

(b) for “the standard applicable in civil proceedings” substitute “the civil standard of proof”.

Section 8 Amendment to rule 14 (supplementary Statements)

In rule 14(1), for “paragraph (4)” substitute “paragraph (5)”.

Section 9 Amendment to rule 16 (adjournment of application pending Law Society investigation)

In rule 16(1), for “panel” substitute “Tribunal”.

Section 10 Amendment to rule 17 (applications for restoration and termination of indefinite suspension)

In rule 17(1), for “the Act” substitute “the 1974 Act”.

Section 11 Amendment to rule 20 (standard directions)

In rule 20(3), for “will” substitute “may”.

Section 12 Amendment to rule 22 (procedural applications)

In rule 22(3), for “paragraph 8(6)” substitute “rule 8(6)”.

Section 13 Amendments to rule 26 (disclosure and discovery)

(1) In rule 26(2), for “will only apply” substitute “only applies”.

(2) In rule 26(3), for “will not” substitute “does not”.

Section 14 Amendment to rule 28 (written evidence)

In rule 28(3), for “the party on whom the notice was served” substitute “the party by whom the notice was served”.

Section 15 Amendments to rule 29 (Civil Evidence Act notices)

In rule 29(1)—

(a) for “provisions” substitute “provision”;

(b) before “the Civil Evidence Act 1995” insert “the provisions of”.

Section 16 Amendment to rule 31 (interpreters and translators)

In rule 31(1), after “witness” insert “, applicant”.

Section 17 Amendments to rule 32 (previous findings of record)

(1) In rule 32(2), for “is admissible” substitute “are admissible”.

(2) In rule 32(3), for “appear” substitute “appears”.

Section 18 Amendment to rule 40 (decisions)

In rule 40(4), for “will” in both places where it occurs, substitute “must”.

Section 19 Amendment to rule 41 (sanction)

In rule 41(4), for “will” substitute “must”.

Section 20 Amendments to rule 43 (costs)

In rule 43(4)—

(a) for “will first decide” substitute “must first decide”;

(b) for “will identify the paying party” substitute “must identify the paying party in any order made”.