Chapter 10 - Summary Jurisdiction of the Courts over Solicitors

Question 1

SUMMARY JURISDICTION OF THE COURTS OVER SOLICITORS

Overview

Answer 1

1) The jurisdiction
2) Types of jurisdiction
3) Professional misconduct

Question 2

SUMMARY JURISDICTION OF THE COURTS OVER SOLICITORS

The jurisdiction - overview

Answer 2

1) Meaning of summary jurisdiction
2) Why does it exist
3) When can it be invoked
4) Bodies that exercise the jurisdiction

Question 3

SUMMARY JURISDICTION OF THE COURTS OVER SOLICITORS

Meaning of summary jurisdiction

Answer 3

Geoffrey Sukver & Drake v Thomas Anthon Baines:

• the solicitor is deprived of the advantages which ordinarily avails a defendant on trial;
• no pleading, no discovery & no oral evidence except by leave.
• as such, exercise of power must be done in clearest of case.

Question 4

SUMMARY JURISDICTION OF THE COURTS OVER SOLICITORS

why does SJ exist

Answer 4

Sittingbourne v Lawson:

• the summary jurisdiction of the court exists for the maintenance of their character & integrity.

Question 5

SUMMARY JURISDICTION OF THE COURTS OVER SOLICITORS

When can SJ be invoked

Answer 5

• on lawyers who are present in court;
• solicitor who has ceased - Brendon v Spiro;
• on lawyers who are not present in court.

Question 6

SUMMARY JURISDICTION OF THE COURTS OVER SOLICITORS

bodies that exercise the jurisdiction

Answer 6

• The court;

- The Bar Council, i.e. disciplinary tribunal.

Question 7

SUMMARY JURISDICTION OF THE COURTS OVER SOLICITORS

types of jurisdiction

Answer 7

1) Punitive jurisdiction - R & Thew Ltd v Reeves (No.2):
- court has punitive jurisdiction to order for suspension of solicitor for professional misconduct or order his name to be struck off the Roll.
2) Compensatory jurisdiction - Myers v Elman:

• court has the power to order costs against solicitor personally;
• this power is to protect the client who has suffered.

Question 8

SUMMARY JURISDICTION OF THE COURTS OVER SOLICITORS

SJ & professional misconduct

Answer 8

Myers v Elman:

• punitive or compensatory jurisdiction is to be exercised only when there has been established a serious dereliction of duty as a solicitor;
• the test are:

+ serious dereliction of duty;
+ gross negligence;
+ gross neglect or inaccuracy;
+ failure to realise his duty.