England and Wales · Solicitors discipline
When can an absent party ask the SDT for a rehearing?
A party who neither attended nor was represented when the application was determined. Before the Order is sent, or within 14 days after it is sent. Apply using the prescribed form with a supporting Statement and documents. Complete by 4.30 PM Europe/London on the operative Tribunal date, subject to the actual method and any direction. Rule 37 uses dispatch of the Order to the Society, rather than the absent party’s receipt or later publication of written reasons. The party must establish both absence and lack of representation. The Tribunal grants a rehearing only if satisfied it is just and may impose terms, including costs.
- Period
- Before the Order is sent, or within 14 days after it is sent.
- Trigger
- The Tribunal’s Order being sent to the Society under rule 42(1)
- Rule
- Solicitors (Disciplinary Proceedings) Rules 2019, r.37
Current Solicitors (Disciplinary Proceedings) Rules 2019, r.37. Rule 37 uses dispatch of the Order to the Society, rather than the absent party’s receipt or later publication of written reasons. The party must establish both absence and lack of representation.
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When can an absent party ask the SDT for a rehearing?
A party who neither attended nor was represented when the application was determined. Before the Order is sent, or within 14 days after it is sent. Apply using the prescribed form with a supporting Statement and documents. Complete by 4.30 PM Europe/London on the operative Tribunal date, subject to the actual method and any direction. Rule 37 uses dispatch of the Order to the Society, rather than the absent party’s receipt or later publication of written reasons. The party must establish both absence and lack of representation. The Tribunal grants a rehearing only if satisfied it is just and may impose terms, including costs.
Responsible actor. A party who neither attended nor was represented when the application was determined.
The Tribunal’s Order being sent to the Society under rule 42(1)
The Tribunal grants a rehearing only if satisfied it is just and may impose terms, including costs.
Rule 37 uses dispatch of the Order to the Society, rather than the absent party’s receipt or later publication of written reasons. The party must establish both absence and lack of representation.
Solicitors (Disciplinary Proceedings) Rules 2019, r.37How 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.37What do independently checked examples show?
Fictitious example
Fictitious a party who neither attended nor was represented when the application was determined. The Tribunal’s Order being sent to the Society under rule 42(1) on Tuesday, October 13, 2026. The applicable ordinary procedural conditions are established. No contrary direction applies.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Fictitious a party who neither attended nor was represented when the application was determined. The Tribunal’s Order being sent to the Society under rule 42(1) on Tuesday, October 13, 2026. The applicable ordinary procedural conditions are established. No contrary direction applies. 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. | October 27, 2026 by 4.30PM Europe/London. Actual instant 2026-10-27T16:30:00.000Z. |
| Example 2. Closed-day boundary | Fictitious a party who neither attended nor was represented when the application was determined. The Tribunal’s Order being sent to the Society under rule 42(1) on Monday, December 14, 2026. The applicable ordinary procedural conditions are established. No contrary direction applies. 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. | December 29, 2026 by 4.30PM Europe/London. Actual instant 2026-12-29T16:30:00.000Z. |
| Example 3. Material procedural branch | Fictitious a party who neither attended nor was represented when the application was determined. The Tribunal’s Order being sent to the Society under rule 42(1) on Tuesday, October 13, 2026. The ordinary requirement that neither attended nor represented is not established. No contrary direction applies. 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. | The actual facts do not establish this selected source procedure. Review the operative branch before computing. |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich conditions and exceptions apply?
- Applicable procedure
- Rule 37 uses dispatch of the Order to the Society, rather than the absent party’s receipt or later publication of written reasons. The party must establish both absence and lack of representation.
- Actual event
- The Tribunal’s Order being sent to the Society under rule 42(1). Apply using the prescribed form with a supporting Statement and documents
- Material qualification
- The Tribunal grants a rehearing only if satisfied it is just and may impose terms, including costs.
- 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 37 uses dispatch of the Order to the Society, rather than the absent party’s receipt or later publication of written reasons. The party must establish both absence and lack of representation.
- The Tribunal grants a rehearing only if satisfied it is just and may impose terms, including costs. The selected act is apply using the prescribed form with a supporting Statement and documents.
What must the responsible actor complete?
Questions about this procedure
When can an absent party ask the SDT for a rehearing?
Must I wait until the Order is sent?
No. Rule 37(1) permits an application before the Order is sent as well as within 14 days afterward.
Solicitors (Disciplinary Proceedings) Rules 2019, r.37(1)Does receipt of the written judgment start this clock?
No. The event is sending the Order to the Society under rule 42(1).
Solicitors (Disciplinary Proceedings) Rules 2019, r.42(1)Can a represented party use this absence route?
The rule requires that the party neither attended in person nor was represented at the relevant hearing.
Solicitors (Disciplinary Proceedings) Rules 2019, r.37What must support the application?
Use the prescribed form with a Statement explaining the relied-upon facts and the supporting documentation.
Solicitors (Disciplinary Proceedings) Rules 2019, r.37Is a rehearing automatic if requested in time?
No. Rule 37(3) requires the Tribunal to be satisfied that granting it is just and permits terms including costs.
Solicitors (Disciplinary Proceedings) Rules 2019, r.37(3)Does a rehearing application suspend a High Court appeal period?
Do not assume suspension. The internal rehearing event and the onward appeal’s final-judgment event are separate.
Solicitors (Disciplinary Proceedings) Rules 2019, r.37Official sources and review
Provisions used (6)
| Provision | Purpose |
|---|---|
| Solicitors (Disciplinary Proceedings) Rules 2019, r.37 | 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.37; rr.3,45 and47 | Check the identified procedure, event, counting rule or qualification |
| Solicitors (Disciplinary Proceedings) Rules 2019, r.37(1) | Check the identified procedure, event, counting rule or qualification |
| Solicitors (Disciplinary Proceedings) Rules 2019, r.42(1) | Check the identified procedure, event, counting rule or qualification |
| Solicitors (Disciplinary Proceedings) Rules 2019, r.37(3) | Check the identified procedure, event, counting rule or qualification |