England and Wales · Solicitors discipline
Who decides an SDT adjournment request near the hearing?
The party seeking an adjournment. More than 21 days before the hearing uses one route. At 21 days or fewer it uses another. Make the procedural adjournment application with documentary evidence. Complete by 4.30 PM Europe/London on the operative Tribunal date, subject to the actual method and any direction. A clerk or single solicitor member ordinarily considers the earlier application on the papers. The listed substantive panel considers later applications, with an oral hearing if justice requires.
- Period
- More than 21 days before the hearing uses one route. At 21 days or fewer it uses another.
- Trigger
- The fixed hearing date and when the adjournment application is made
- Rule
- Solicitors (Disciplinary Proceedings) Rules 2019, r.23
Current Solicitors (Disciplinary Proceedings) Rules 2019, r.23. Rule 23 assigns adjournment applications to different decision-makers. The 21-day line is not a final date after which an adjournment application cannot be made.
Source guide · No automated date
Check the applicable procedure
A clerk or single solicitor member ordinarily considers the earlier application on the papers. The listed substantive panel considers later applications, with an oral hearing if justice requires.
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Who decides an SDT adjournment request near the hearing?
The party seeking an adjournment. More than 21 days before the hearing uses one route. At 21 days or fewer it uses another. Make the procedural adjournment application with documentary evidence. Complete by 4.30 PM Europe/London on the operative Tribunal date, subject to the actual method and any direction. A clerk or single solicitor member ordinarily considers the earlier application on the papers. The listed substantive panel considers later applications, with an oral hearing if justice requires.
Responsible actor. The party seeking an adjournment.
The fixed hearing date and when the adjournment application is made
A clerk or single solicitor member ordinarily considers the earlier application on the papers. The listed substantive panel considers later applications, with an oral hearing if justice requires.
Rule 23 assigns adjournment applications to different decision-makers. The 21-day line is not a final date after which an adjournment application cannot be made.
Solicitors (Disciplinary Proceedings) Rules 2019, r.23How does this provision count time?
- Count calendar days. Exclude the established event day for an after-event period. For a hearing-based period, subtract the specified number of days from the actual fixed hearing date.
- Rule 47(2) carries an act ending on a non-business day to the next England and Wales business day. Rule 47(1) requires completion by 4.30PM unless directed otherwise, subject to rule 45.
Count calendar days. Exclude the established event day for an after-event period. For a hearing-based period, subtract the specified number of days from the actual fixed hearing date.
Rule 47(2) carries an act ending on a non-business day to the next England and Wales business day. Rule 47(1) requires completion by 4.30 PM unless directed otherwise, subject to rule 45.
Solicitors (Disciplinary Proceedings) Rules 2019, r.23Which facts prevent one automatic date?
A clerk or single solicitor member ordinarily considers the earlier application on the papers. The listed substantive panel considers later applications, with an oral hearing if justice requires.
A hearing is fixed and the adjournment application is made 22 days beforehand. Rule 23(2) ordinarily sends that application to the clerk or a single solicitor member on the papers. Use the earlier-application decision route. This is not the last day to request adjournment.
The application arrives exactly 21 days before the hearing. Rule 23(3) ordinarily uses the panel listed for the substantive hearing. The routing branch changes. No automatic refusal follows merely from reaching 21 days.
The application needs oral consideration in the interests of justice. Rule 23 preserves oral consideration where the decision maker considers it necessary. Establish the actual decision procedure and any direction. Do not infer a guaranteed adjournment.
Which conditions and exceptions apply?
- Applicable procedure
- Rule 23 assigns adjournment applications to different decision-makers. The 21-day line is not a final date after which an adjournment application cannot be made.
- Actual event
- The fixed hearing date and when the adjournment application is made. Make the procedural adjournment application with documentary evidence
- Material qualification
- A clerk or single solicitor member ordinarily considers the earlier application on the papers. The listed substantive panel considers later applications, with an oral hearing if justice requires.
- Counting and completion
- Count calendar days. Exclude the established event day for an after-event period. For a hearing-based period, subtract the specified number of days from the actual fixed hearing date. Rule 47(2) carries an act ending on a non-business day to the next England and Wales business day. Rule 47(1) requires completion by 4.30PM unless directed otherwise, subject to rule 45.
- Rule 23 assigns adjournment applications to different decision-makers. The 21-day line is not a final date after which an adjournment application cannot be made.
- A clerk or single solicitor member ordinarily considers the earlier application on the papers. The listed substantive panel considers later applications, with an oral hearing if justice requires. The selected act is make the procedural adjournment application with documentary evidence.
What must the responsible actor complete?
Questions about this procedure
Who decides an SDT adjournment request near the hearing?
Does the rule bar an application inside 21 days?
No. Rule 23(3) expressly addresses applications made 21 days or less before the hearing.
Solicitors (Disciplinary Proceedings) Rules 2019, r.23(3)Who handles an application more than 21 days before hearing?
Rule 23(2) assigns it to a clerk or single solicitor member for consideration on the papers.
Solicitors (Disciplinary Proceedings) Rules 2019, r.23(2)Who handles one made exactly 21 days before hearing?
It falls within rule 23(3), which assigns it to the panel listed for the substantive hearing.
Solicitors (Disciplinary Proceedings) Rules 2019, r.23(3)Does a late application always require an oral hearing?
No. The panel considers it on the papers unless an oral hearing is in the interests of justice.
Solicitors (Disciplinary Proceedings) Rules 2019, r.23What evidence must accompany the request?
Rule 23(1) requires documentary evidence of the need for the adjournment. Rule 22 provides the procedural application requirements.
Solicitors (Disciplinary Proceedings) Rules 2019, r.23(1), r.22Can a routing date guarantee an adjournment?
No. The rule identifies the decision-maker and procedure. The Tribunal decides whether the evidenced request should be granted.
Solicitors (Disciplinary Proceedings) Rules 2019, r.23Official sources and review
Provisions used (6)
| Provision | Purpose |
|---|---|
| Solicitors (Disciplinary Proceedings) Rules 2019, r.23 | Check the identified procedure, event, counting rule or qualification |
| Solicitors (Disciplinary Proceedings) Rules 2019, rr.3 and 47 | Check the identified procedure, event, counting rule or qualification |
| Solicitors (Disciplinary Proceedings) Rules 2019, r.23; rr.3,45 and47 | Check the identified procedure, event, counting rule or qualification |
| Solicitors (Disciplinary Proceedings) Rules 2019, r.23(3) | Check the identified procedure, event, counting rule or qualification |
| Solicitors (Disciplinary Proceedings) Rules 2019, r.23(2) | Check the identified procedure, event, counting rule or qualification |
| Solicitors (Disciplinary Proceedings) Rules 2019, r.23(1), r.22 | Check the identified procedure, event, counting rule or qualification |