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Cap. 369 · cap/369 (Cap. 369)

Cap. 369 Art. 6Right of appeal.

In forceOfficial text

(1) There shall be a right of appeal to the Commission from a decision of the Committee for Advocates and Legal

Procurators.

(2) (a) The person or law firm against whom the Committee makes a finding and the Chamber of Advocates where the complaint is against an advocate or law firm, and the Chamber of Legal Procurators where the complaint is against a legal procurator, shall have the right of appeal to the Commission:

Provided that when an appeal is declared frivolous or vexatious by the Commission, the Commission may impose a pecuniary penalty on the appellant in a sum not exceeding ten units which penalty is recoverable as a civil debt by the Secretary of the Commission.

(b) The Commission shall from time to time establish rules of procedure for such appeals.

(c) A person or law firm against whom a complaint is made shall be entitled to sue the complainant in addition to the damages which may be due under any law for the time being in force in respect of any actual loss, or injury, the court may grant to the person or law firm against whom the complaint is made a sum not exceeding four thousand and six hundred and fifty-eight euro and seventy-five cents (4,658.75), if the complaint proves unfounded and he can prove that the complaint was the result of gross negligence, or malice, or was vexatious. procurator. Unless the person or law firm being investigated requests otherwise, the hearing before the Committee for Advocates and Legal Procurators and the Commission shall be held in camera. The finding shall only be delivered in public where the hearing is not held in camera.

(2) Notwithstanding the provisions of subarticle (1), the Committee for Advocates and Legal Procurators shall transmit to the committee of the Chamber of Advocates a copy of any decision delivered by it on a complaint against an advocate or law firm, and shall transmit to the committee of the Chamber of Legal Procurators a copy of any decision delivered by it on a complaint against a legal procurator. The committees of the said chambers and every member thereof shall, where the complaint is heard in camera, treat such information as secret and confidential.

Amendment history
  • Amended by XIX.2021.17