OpenLegislation

Article 38 Solicitors guilty of undue delay in certain mattersC1

Where—

(a)

a complaint is made to the Council that there has been undue delay on the part of a solicitor in connection with any matter in which he or his firm has been instructed on behalf of a clientF1. . . or any matter which relates to the administration of a controlled trust or in complying with an order of the Tribunal under Article 51(1)(j), (k) or (l) or (3) F2...; and

(b)

the Council have by notice invited the solicitor to give an explanation in respect of that matter; and

(c)

the solicitor has, within a period of not less than fourteen days specified in the said notice or such longer period as the Council may determine, failed to give an explanation in respect of that matter which the Council regard as sufficient and satisfactory; and

(d)

the solicitor has been notified in writing by the Society that he has so failed;

the provisions of Schedule 1 shall apply in relation to that solicitor and the other persons mentioned in that Schedule, but as regards the documents specified in paragraph 2, and the sums of money specified in paragraph 10, of Part I of that Schedule, only in so far as they relate to the matter in the complaint.

Annotations

Textual amendments

F1

1989 NI 14

F2

Words in art. 38(a) repealed (1.9.2025) by Legal Complaints and Regulation Act (Northern Ireland) 2016 (c. 14), s. 55, Sch. 4 para. 2(2), Sch. 5; S.R. 2025/143, art. 2(1)

Modifications

C1

Art. 38 applied (1.4.2025) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) (Extension to Switzerland etc.) Regulations (Northern Ireland) 2025 (S.R. 2025/70), regs. 1, 5(2)(n)