Where is an appeal against a decision of the SDT heard?
Appeals against a decision of the SDT are heard by the Administrative Court. They are usually heard by a single judge of the High Court or sometimes by two judges sitting together.
Appeals can be brought by either a Respondent in proceedings or by the SRA as the Applicant in the proceedings.
If you are considering appealing against a decision of the SDT or the decision is being appealed by the SRA, you should seek advice from our SRA solicitors as soon as possible.
On what grounds can I appeal?
The Administrative Court is reluctant to interfere with the decision of the SDT given that the SDT is an informed expert Tribunal who have typically heard from the Respondent in the case (whereas the Administrative Court is unlikely ever to hear oral witness evidence). They will, however, interfere where there has been a procedural error or error in the application of the law, or because the decision reached is plainly wrong.
It is possible to appeal against the decision of the Tribunal in its entirety or to limit the appeal to certain aspects of the decision such as the Sanction imposed.
What is the time limit for SDT appeals?
Time limits for SDT appeals are extremely tight. A party has 21 days from the date of the SDT’s detailed judgment to lodge an appeal. It is therefore essential to obtain advice as soon as possible to determine the merits of your case.
What can the appeal court do?
The appeal court can uphold the decision of the SDT or quash the decision.
If the decision of the SDT is quashed, the Court can remit the matter back to the SDT or make its own determination. This can include a dismissal of the SRA case or the substitution of the sanction of the SDT. Unlike in the SDT (where the Respondent almost invariably has to pay costs), it is usual for the losing party in any Appeal to bear the costs of the other side.
Get in touch
If you would like to speak to one of our SRA regulatory solicitors in strict confidence regarding any aspect of an SDT appeal then please:
- Request a free call back using the form on this page
- Phone us during office hours on 0845 216 2000
- Email us at firstname.lastname@example.org
What we do...
Our experienced SRA solicitors can help you in respect of an appeal. Our services include:
Advising on the prospects of Appeal
Drafting and perfecting Grounds of Appeal
Representing you through the Appeal
Representing you in the event that your case is remitted to the SDT.