Heather, Re A Solicitor [2010] EWCA Civ 196

“…attends a course accredited by the Solicitors Regulation Authority on the ‘Solicitors’ Code of Conduct 2007’ within six months of the date of the notification of this decision and provides confirmation of his attendance (in the form of a certificate or letter of attendance from the course provider) of such course within one month thereafter.”

“The Solicitors Disciplinary Tribunal has certified that Dr Heather has a case to answer. In due course after testing the evidence the Tribunal will make its own findings about Dr Heather’s conduct. In the meantime it remains the case that he is facing allegations of breaches of the professional rules of conduct of a serious nature. It is settled that when necessary to do so to protect the public or the reputation of the profession conditions can be imposed on a practicing certificate pending the Tribunal’s findings. The imposition of a condition in such circumstances is not intended to pre-judge the outcome but is a regulatory measure taken in the public interest. Although Dr Heather claims to be ‘well versed’ in the 2007 Code I consider it necessary in order to ensure that he is aware of the current rules and regulatory requirements for him to attend training and for such training to be made a condition attaching to his practicing certificate. I am satisfied that such a condition is necessary in the public interest. The condition will not affect his present practising arrangement and I have allowed a considerable period of time for him to comply with it.”

“This appeal is by way of a re-hearing, although one of the factors which successive Masters of the Rolls and I myself have taken into account in the past is the importance of the judgment of the adjudicator and the appeal panel. It is important to have in mind that the imposition of conditions on a practicing certificate is a regulatory decision and one based on the need to protect the public and the reputation of the profession. Conditions, however, if they are to be imposed, must be both necessary and proportionate.”

“…not separate from [the process whereby practicing certificate conditions are imposed on the process provided by the Solicitors’ Act 1974] by rather if part of that process as is clear from section 13 of the 1974 Act. It is the appellate stage of the process and arises following the culmination of the internal process whereby the SRA exercised its jurisdiction to impose conditions. The right to bring the present appeal – and I interpose which in that case as in this was from a decision to impose practicing certificate conditions – from the adjudicator’s decision is provided by section 13(2)(b) of the Act which takes the form of an ordinary hearing renders the procedure whereby practicing certificate conditions are imposed viewed as a whole consistent with article six of the European Convention on Human Rights.”