SDT introduces automatic disclosure of documents


SDT: Certain documents will be automatically available

The Solicitors Disciplinary Tribunal (SDT) has introduced a new policy which aims to cut the number of non-party disclosure applications by automatically disclosing core documents to the press and public at the start of hearings.

It is part of a new set of procedures introduced last week, which the tribunal said would improve the “transparency” of hearings, reinforce the SDT’s “collective commitment to open justice” and reduce costs.

The reason for introducing the automatic disclosure policy (ADP) was the “greater interest” in its cases “due to the ‘traditional’ areas of misconduct being added to by matters concerning sexual misconduct; protest; antisemitism; misuse of social media, racism and other counter-inclusive behaviour”.

The SDT’s existing policy on non-party applications for disclosure (NPDs) was designed to be used “infrequently” and only where readers of published judgments needed to see underlying documents to understand decisions.

“The press and members of the public cannot be criticised for using the NPD policy to obtain information and to understand a case while it is happening.

“Nevertheless, such applications cause administrative problems and take up the tribunal’s time and resources when received from press and public immediately prior to or during the substantive hearing. It is also a distraction for the panel and the parties.”

Under the new ADP procedure, a “specified class of documents” – including the rule 12 statement of allegations and facts by the Solicitors Regulation Authority, save for exhibits and any anonymity schedule, the answer without exhibits, and the reply and skeleton arguments – would all be disclosed automatically. The NDP process would remain for other documents.

The SDT said: “The present NPD procedure is cumbersome and apt to cause disruption to the flow of a substantive hearing at a time when the tribunal and parties’ total focus should be on the case. This results in parties and non-parties feeling frustrated by disruption and delay.”

The ADP would “streamline the process and remove the problems”, because the press and public “would have the assurance” that for example, core documents would be available without application at the start of the tribunal hearing.

“Neither the tribunal nor the parties would need to give the matter any further thought unless there was an application to prevent ADP.

“Documents disclosed under ADP would be placed on the tribunal’s website during the currency of the hearing and for a period thereafter.”

The tribunal also introduced revised practice directions to give the parties more time to understand each other’s cases before giving a reply or answer and before the main hearing date is set.

This would give the parties “more adequate time to evaluate each other’s cases and their own position without the constraints of an unworkable timeline and thereby avoiding inevitable applications for extensions of time”.




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