The Court
Powers of court
55. (1) In the case of professional misconduct by any solicitor the court may—
(a) cause the name of that solicitor to be struck off the roll;
(b) suspend the solicitor from practice as a solicitor for such period as the court may determine; or
(ba) suspend the solicitor from exercising any right of audience held by him by virtue of section 25A for such period as the court may determine; or
(bb) revoke any right of audience so acquired by him; or
(c) fine the solicitor; or
(d) censure him; and in any of those events,
(e) find him liable in any expenses which may be involved in the proceedings before the court.
(2) Subject to subsection (3), a decision of the court under this section shall be final.
(3) A solicitor whose name has been struck off the roll in pursuance of an order made by the court under subsection (1), may apply to the court for an order directing his name to be restored to the roll and the court may make such order.
(3A) A solicitor whose rights of audience under section 25A have been revoked in pursuance of an order made by the court under subsection (1) may apply to the court for an order restoring those rights, and the court may make such order.
(4) An application under subsection (3) shall be by way of petition and intimation of any such petition shall be made to the Tribunal who shall be entitled to appear and to be heard in respect of the application.
Saving for jurisdiction of courts
56. Except as otherwise expressly provided, nothing in this Part shall affect the jurisdiction exercisable by the court, or by any inferior court, over solicitors.
Further provision as to compensation awards
56A. (1) The taking of any steps under section 42A(2) or 53A(2) shall not be founded upon in any
proceedings for the purpose of showing that the solicitor in respect of whom the steps were taken was negligent.
(2) A direction under section 42A(2)(d) or 53A(2)(d) to a solicitor to pay compensation to a client shall not prejudice any right of that client to take proceedings against that solicitor for damages in respect of any loss which he alleges he has suffered as a result of that solicitor’s negligence, and any sum directed to be paid to that client under either of those provisions may be taken into account in the computation of any award of damages made to him in any such proceedings.
(3) The Secretary of State may by order made by statutory instrument amend subsection (2)(d) of sections 42A and 53A by substituting for the sum for the time being specified in those provisions such other sum as he considers appropriate.
(4) Before making any such order the Secretary of State shall consult the Council.
(5) An order made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
