THE SOLICITORS DISCIPLINARY TRIBUNAL CAN AWARD COSTS ON THE INDEMNITY BASIS: APPEAL ON THIS ISSUE COMPROMISED

In October 2020 I wrote about the case of  SRA -v- Ahmud where the Solicitors Disciplinary Tribunal were highly critical of the steps taken by the SRA in investigating and bringing a claim alleging dishonesty.  That case has a short coda in relation to costs.  An appeal was compromised on the basis that the SRA agreed that indemnity costs could be paid, in principle.

THE CASE

The case was discussed in detail in the earlier post.  The SDT gave the SRA permission to discontinue proceedings brought against the respondent.  The SDT was highly critical of the way in which the case had been investigated.

“The Tribunal concluded that all matters were infected from the outset with a regrettable injudicious and peremptory lack of professional assiduousness. Each of the failings identified was a serious matter”

THE ISSUE OF COSTS

The SRA were ordered to pay costs. In its judgment the SDT stated it had doubts whether it could make an award of costs on an indemnity basis, it did not state the basis on which costs should be awarded.

THE COMPROMISED APPEAL

The Consent Order is available here. SRAOrder

• The SRA conceded that the SDT had power to award indemnity costs.
• It was not conceded that the SDT should have awarded indemnity costs.
• Nevertheless costs were agreed, including an order that the SRA pay the costs of appeal.