Rachel De Luchi appeared on behalf of the respondent, instructed by the Legal Services Commission.
In summary, this was an application in a disciplinary proceeding brought against a solicitor, Mr Bertrand, where he sought to strike out the proceedings on the basis that allegations concerning a Facebook response to a former client’s review had not complied with s 437 of the Legal Profession Act 2007. The Tribunal dismissed Mr Bertrand’s application – despite finding that his Facebook response was an “investigation matter” that had not been the subject of a notice required by s 437 – and granted the Legal Services Commission leave to amend the disciplinary application to include the allegations relating to the Facebook post. In doing so, the Tribunal held that the disciplinary application contained a valid charge supported by particulars, and that there would be no real prejudice, loss of evidence, or against the public interest to dismiss the application.
The judgment can be read by clicking here
