Appeals

Version 9 of the Handbook was published on 1 April 2014. For more information, please click "History" above.

Regulation 8: Appeals

8.1

The rights of appeal conferred by regulation 8 supplement the statutory rights of appeal referred to in 8.4.

8.2

A person who is the subject of any of the following decisions has a right of appeal to the High Court against:

(a)

revocation , under regulation 10.2(a)(i), (iii), (iv) or (v), of a solicitor's practising certificate;

(b)

revocation , under regulation 10.2(b), of a solicitor's or European lawyer's authorisation as a recognised sole practitioner.

8.3

A solicitor, REL or RFL who is the subject of any decision in (a)-(d) below and/or the person who is the subject of a decision in (c) or (d) below may appeal under the SRA's own appeals procedure against:

(a)

refusal to revoke a practising certificate or registration under regulation 10.2(c);

(b)

refusal to withhold a solicitor's, European lawyer's or foreign lawyer's place of business from the relevant register under regulation 11, 12 or 13;

(c)

refusal to approve a person as suitable to be a compliance officer under regulation 4.9;

(d)

withdrawal of approval of a person as suitable to be a compliance officer under regulation 4.11.

8.4

A solicitor, European lawyer or foreign lawyer may invoke the SRA's own appeals procedure before exercising a right of appeal to the High Court:

(a)

under section 13(1) of the SA, against refusal to issue or replace a practising certificate or refusal to renew registration in the register of European lawyers;

(b)

under regulation 20 of the European Communities (Lawyer's Practice) Regulations 2000 (S.I. 2000/1119), against refusal to grant initial registration in the register of European lawyers;

(c)

under paragraph 14 of Schedule 14 to the Courts and Legal Services Act 1990, against refusal to grant or renew registration in the register of foreign lawyers, or against a decision of the SRA to revoke his or her registration;

(d)

under section 13(1) or 13ZA(6) of the SA or regulation 20 of the European Communities (Lawyer's Practice) Regulations 2000, against refusal to grant or renew authorisation of a solicitor or REL as a recognised sole practitioner;

(e)

under section 13(1), 13ZA(6), 13A(6) or 16(5) of the SA, regulation 20 of the European Communities (Lawyer's Practice) Regulations 2000 or paragraph 14 of Schedule 14 to the Courts and Legal Services Act 1990, against the imposition of a condition on a practising certificate or the registration of a European lawyer or foreign lawyer;

(f)

under section 13(2) or 13A(9) of the SA, against refusal of permission to take a step for which the SRA's permission is required under a condition on a practising certificate or the registration of a European lawyer or foreign lawyer;

(g)

under section 13B(7) of the SA, against suspension of a practising certificate or suspension of registration in the register of foreign lawyers;

(h)

under regulation 20 of the European Communities (Lawyer's Practice) Regulations 2000, against suspension of registration in the register of European lawyers;

(i)

under section 13B(7) of the SA, against extension of suspension of a practising certificate or suspension of the registration of a European lawyer or foreign lawyer;

(j)

under section 13B(7) of the SA, against suspension of authorisation of a solicitor or REL as a recognised sole practitioner;

(k)

under section 16(5) of the SA or paragraph 14 of Schedule 14 to the Courts and Legal Services Act 1990, against refusal to reinstate a suspended practising certificate or the suspended registration of a European lawyer or foreign lawyer;

(l)

under section 16(5) of the SA, against refusal to reinstate a suspended authorisation as a recognised sole practitioner;

(m)

under regulation 20 of the European Communities (Lawyer's Practice) Regulations 2000 against revocation of registration in the register of European lawyers;

(n)

under regulations 19 and 20 of the European Communities (Lawyer's Practice) Regulations 2000 against failure to determine, within four months, an application for initial registration in the register of European lawyers;

(o)

under paragraph 14 of Schedule 14 to the Courts and Legal Services Act 1990, against failure to determine, within a reasonable time, an application for registration, renewal of registration or reinstatement of a suspended registration in the register of foreign lawyers;

(p)

against a decision mentioned in regulation 8.2(a) or (b).

8.5

Deemed refusal

(a)

If an application is made in accordance with regulation 1.1, and the SRA has not notified the applicant of its decision:

(i)

by the end of the 90th day, in the case of any application except an application for renewal of a practising certificate or registration which is made under regulation 3; or

(ii)

by the end of the 180th day, in the case of an application for renewal of a practising certificate or registration including, where applicable, the renewal of an existing authorisation as a recognised sole practitioner endorsed on the practising certificate or registration, which is made under regulation 3,

the application is to be treated as having been refused and the refusal having been duly notified to the applicant on that day for the purpose of an appeal. For the avoidance of doubt, the fact that an application is treated as refused under regulation 8.5 does not prevent the application being granted or refused with reasons after expiry of the time limits above.

(b)

The provisions of (a) above do not apply to an application from which an appeal lies under 8.4(n) or (o).

8.6

Appeal time limits

(a)

Appeals under the SRA's own appeals procedure must be commenced within 28 days of notification of the relevant decision.

(b)

Unless otherwise provided in the relevant statute, regulations or rules of Court or in the relevant decision, an appeal to the High Court must be commenced:

(i)

within the period of 28 days from the date of notification of the decision that is subject to appeal;

(ii)

within a period of 28 days from the date of notification of the refusal of an appeal under the SRA's own appeals procedure; or

(iii)

within a period of 28 days from the date of notification of the decision to impose a condition under the SRA's own appeals procedure,

as appropriate.