February 23, 2023
Sam Smart has featured in the Association of Regulatory and Disciplinary Lawyers [ARDL] Quarterly Bulletin.
In the article, Sam considers the recent decision in R. (on the application of Salam) v Solicitors Disciplinary Tribunal [2022] EWHC 1793 (Admin) and the implications it has for regulatory practitioners and those facing proceedings. He comments in the piece:
‘This case not only confirms that the Court is unwilling to intervene in interlocutory decisions of the tribunal, but also serves as a warning for those looking to obtain third party material. Whilst regulatory authorities must conform to their disclosure obligations, those obligations have limits. Respondents in regulatory proceedings should not rely on their regulator in order to obtain third party material, instead taking proper legal advice on how to obtain the material they seek.’
Sam Smart is a member of Red Lion’s Regulatory and Professional Discipline practice group and has experience presenting cases on behalf of the General Optical Counsel, General Dental Council and Health and Care Practitioners Council. For more information please see: [Sam Smart Profile]