SRA Standards and Regulations

Distribution of beneficial entitlements

In a case where the accounting records of the intervened practitioner are reconciled accounts, payments to beneficiaries will be made on the basis of the reconciled list. In a case where the accounting records of the intervened practitioner are not reconciled accounts, payments to beneficiaries will be made on the basis of the best list. Any interest which has accrued on a statutory trust...

Residual balances

The SRA may use any funds which remain in a statutory trust account following the distribution to beneficiaries under rule 7 to reimburse any costs, charges, or other expenses, which it has incurred in establishing the beneficial entitlements to the statutory trust monies and in distributing the monies accordingly. If funds remain in a statutory trust account after payment to beneficiaries...

Grants which may be made from the Fund

A person may apply for a grant out of the Fund, if the loss referred to in rule 3.3 relates to services provided: by the defaulting practitioner for them; or to, or as, a trustee where they are a beneficiary of the estate or trust. A person who is not a client of the defaulting practitioner may apply for a grant out of the Fund if they: were a party on the other side of a legal matter on...

Interest

In respect of any grants made under rules 3, 6 or 7 the SRA may make a supplementary grant by way of a sum in lieu of lost interest on the loss underlying the principal grant. Such interest will be calculated by the SRA in accordance with prescribed rates. Where the application for the principal grant is in respect of a failure to redeem a mortgage, the SRA may also make a grant in respect of...

Maximum grant

Unless the SRA is satisfied that there are exceptional circumstances in the public interest that justify a higher sum, the maximum grant that may be made is £2 million. For the purposes of this rule, a single claim is an application, or applications, from an applicant for the loss incurred by them arising from a single event or set of connected underlying circumstances.

Losses outside the remit of the Fund

For the avoidance of doubt, the SRA shall not make a grant in respect of losses that: arise solely by reason of professional negligence by a defaulting practitioner, or the employee or manager of a defaulting practitioner, save as provided for in rule 3.4; are indirect or consequential, save where the SRA exercises its discretion to make a grant: under rule 8; for costs of completing or...

Decisions on review

A review will usually be determined by an authorised decision maker on consideration of written evidence alone. An adjudicator may at their sole discretion invite the relevant person to be interviewed by an authorised decision maker accompanied by their representative (if any). Subject to rule 4.3, on a review (save for a review of a decision made under rule 3.1(h) of the SRA Regulatory and...

Appeals to the High Court or Tribunal

Unless otherwise provided in the relevant statute, or rules of the Tribunal, court or of the Legal Services Board, any appeal to the High Court or Tribunal against a decision set out in annex 2 or 3, as appropriate, must be commenced within the period of 28 days from the date of notification of the decision that is subject to appeal.

Individual authorisation

As set out in the SRA Authorisation of Individuals Regulations: A decision made under regulation 1.1(b) not to be satisfied that an individual holds a degree or qualifications or experience which are equivalent to a degree. A decision made under regulation 3.1(a) not to be satisfied that an individual holds a legal professional qualification that is recognised by the SRA, which confers rights...

Education, Training and Assessment providers

As set out in the SRA Education, Training and Assessment Provider Regulations: A decision made under regulation 1.4(b) or 2.3(b) to refuse to grant approved education provider, authorised education provider or authorised training provider status. A decision made under regulation 1.4(a) or 2.3(a) to grant the application for approval or authorisation subject to such conditions and for such...