16
CAP. 159]
Legal Practitioners
[1989 Ed.
13. Appeal and saving
(1) Subject to the provisions of section 12(5)(c), an appeal against any order made by a Disciplinary Committee shall lie to the Court of Appeal and the provisions of Order 59 of the Rules of the Supreme Court (Cap.4 sub. leg.) shall apply to every such appeal save that the time for serving notice of motion of appeal shall be 21 days from the date of the decision and not 6 weeks as provided in the said Order and the decision of the Court of Appeal on any such appeal shall be final.
(2) In any appeal under subsection (1) the Society shall be the respondent. (3) Nothing herein contained shall affect the jurisdiction of the Court under sections 3(2), 14 and 45.
(4) The hearing of every appeal under this section shall be in camera unless, and to the extent to which, the Court of Appeal may otherwise direct.
(Amended 92 of 1975 s. 59)
14. Applications to Court
(1) Where an application to strike the name of a solicitor off the roll of solicitors or to require a solicitor to answer allegations contained in an affidavit is made to the Court, subject to the provisions of subsection (3)-
(a) the Court shall not entertain the application except upon production of an affidavit showing that the applicant has served upon the Society not less than 21 clear days' notice of his intention to make the application, together with copies of all affidavits intended to be used in support thereof;
(b) the Society may apply to the Court to make absolute any order nisi which may have been made by the Court in the matter of the application, or to make an order that the name of the solicitor with respect to whom the application is made be struck off the roll of solicitors, or such other order as the Court may think fit; and
(c) the Court may order that the costs of the Society of or relating to any such matter aforesaid be paid by the solicitor against whom, or by the person by whom, the application was made, or was intended to be made, or partly by one and partly by the other of them.
(2) Where an order, whether nisi or absolute, has been made by the Court upon a motion to remove from or strike off the roll of solicitors the name of a solicitor, or to require the solicitor to answer allegations contained in an affidavit, and has not been drawn up by the applicant within 1 week after it was made, the Society may cause the order to be drawn up, and all future proceedings thereon shall be taken as if the motion had been made by the Society.
1
16
CAP. 159]
Legal Practitioners
[1989 Ed.
13. Appeal and saving
(1) Subject to the provisions of section 12(5)(c), an appeal against any order made by a Disciplinary Committee shall lie to the Court of Appeal and the provisions of Order 59 of the Rules of the Supreme Court (Cap. 4 sub. leg.) shall apply to every such appeal save that the time for serving notice of motion of appeal shall be 21 days from the date of the decision and not 6 weeks as provided in the said Order and the decision of the Court of Appeal on any such appeal shall be final.
(2) In any appeal under subsection (1) the Society shall be the respondent. (3) Nothing herein contained shall affect the jurisdiction of the Court under sections 3(2), 14 and 45.
(4) The hearing of every appeal under this section shall be in camera unless, and to the extent to which, the Court of Appeal may otherwise direct.
(Amended 92 of 1975 s. 59)
14. Applications to Court
(1) Where an application to strike the name of a solicitor off the roll of solicitors or to require a solicitor to answer allegations contained in an affidavit is made to the Court, subject to the provisions of subsection (3)-
(a) the Court shall not entertain the application except upon production of an affidavit showing that the applicant has served upon the Society not less than 21 clear days' notice of his intention to make the application, together with copies of all affidavits intended to be used in support thereof;
(b) the Society may apply to the Court to make absolute any order nisi which may have been made by the Court in the matter of the application, or to make an order that the name of the solicitor with respect to whom the application is made be struck off the roll of solicitors, or such other order as the Court may think fit; and
(c) the Court may order that the costs of the Society of or relating to
any such matter aforesaid be paid by the solicitor against whom, or by the person by whom, the application was made, or was intended to be made, or partly by one and partly by the other of them.
(2) Where an order, whether nisi or absolute, has been made by the Court upon a motion to remove from or strike off the roll of solicitors the name of a solicitor, or to require the solicitor to answer allegations contained in an affidavit, and has not been drawn up by the applicant within 1 week after it was made, the Society may cause the order to be drawn up, and all future proceedings thereon shall be taken as if the motion had been made by the Society.
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