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Buachaill
Buachaill, Barrister
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Experience:  Barrister 17 years experience
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What are the regulations regarding a solicitor knowingly providing

Resolved Question:

What are the regulations regarding a solicitor knowingly providing false information to a court?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. The issue arising when a solicitor knowingly provides false information can be dealt with in two ways. Firstly, an application entitled "In the matter of A.,B., a solicitor" can be made in the action in which the false information was given pursuant to the Inherent Jurisdiction of the Court over solicitors asking the Court to discipline the solicitor. Here the court can strike off the solicitor, fine him, call upon the solicitor to remedy the effects of the false information given or impose some other suitable penalty upon the solicitor. This is a quick and immediate remedy by the court which dealt with the matter.
Buachaill, Barrister
Category: Law
Satisfied Customers: 10276
Experience: Barrister 17 years experience
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Expert:  Buachaill replied 1 year ago.
2. The second method whereby the solicitor may be dealt with is by making a complaint to the Solicitors REgulatory Authority. The SRA can fine and discipline the solicitor and make whatever order is appropriate to discipline the solicitor. However, the SRA is limited in the extent to which it may remedy the impact of the false information in court, as it is not seised on the court proceedings in which the false information was provided. So I would instead recommend the jurisdiction pursuant to the inherent jurisdiction of the court.

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