The High Court has overturned the decision of the Solicitors Disciplinary Tribunal that a solicitor had committed misconduct by sending an email marked “privileged” and “confidential” with the intent of improperly preventing its publication, allaying concerns that the wrath of the SDT may await any solicitor attempting, in without prejudice correspondence, to persuade an opponent to desist from whatever behaviour is objectionable to the client.
The judgment highlights broader concerns about charging practices, standards of reasoning, and fairness in disciplinary proceedings.
This note is wrriten by Alice Nash.
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