Solicitors (Amendment) Act, 1960
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Compensation for loss due to dishonesty of solicitor or clerk or servant of solicitor. |
21.—(1) In this section— | |
“the Fund” means the Compensation Fund; | ||
“grant” means a grant under subsection (4) of this section. | ||
(2) The Society shall continue to maintain the Fund. | ||
(3) The Fund shall be maintained and administered in accordance with the provisions of the Third Schedule to this Act. | ||
(4) Where it is proved to the satisfaction of the Society that any person has sustained loss in consequence of dishonesty on the part of any solicitor or any clerk or servant of a solicitor in connection with that solicitor's practice as a solicitor or in connection with any trust of which that solicitor is a trustee, then, subject to the provisions of this section, the Society shall make a grant to that person out of the Fund and the amount of the grant shall be such as represents in the opinion of the Society full indemnity for that loss. | ||
(5) The Society shall have a discretion to make or refuse to make a grant— | ||
(a) in a case in which the solicitor did not have a practising certificate in force at the time when, in the opinion of the Society, the loss arose, | ||
(b) in a case in which the Society are of opinion that there has been negligence on the part of the claimant or of any person for whom he is responsible which has contributed to the loss in question, and | ||
(c) in a case in which the Society are of opinion that the claimant has by his conduct actively assisted in the commission of misconduct by the solicitor, | ||
and, where the Society decide to make a grant in any such case, they shall have a discretion to make it only to a limited extent. | ||
(6) A grant may be made notwithstanding that the solicitor has, after the act of dishonesty, died, had his name removed from or struck off the roll, ceased to practise, been suspended from practice, or had his practising certificate suspended. | ||
(7) No grant may be made in respect of a loss made good otherwise. | ||
(8) (a) On the making of any grant to any person (in this subsection referred to as the grantee) in respect of any loss— | ||
(i) the Society shall, to the amount of the grant, be subrogated— | ||
(I) to any rights or remedies to which the grantee was entitled on account of the loss against the solicitor or any other person or against the estate of such solicitor or other person, | ||
(II) to any rights or remedies to which the solicitor or his clerk or servant was entitled on account of the loss against any other person or against the estate of such other person, | ||
(III) to all other rights and remedies (if any) of the grantee or such solicitor, clerk or servant in respect of the loss, | ||
(ii) the grantee or his representative shall have no right under bankruptcy or other legal proceedings or otherwise to receive any sum out of the assets of the solicitor, clerk or servant in respect of the loss until the Society has been reimbursed the full amount of the grant. | ||
(b) In paragraph (a) of this subsection, references to the grantee or the solicitor, clerk or servant include, in the event of his death, insolvency or other disability, references to his personal representative or any other person having authority to administer his estate. | ||
(9) No grant shall be made unless notice of the loss is received by the Society— | ||
(a) in the prescribed manner, and | ||
(b) within the prescribed period after the loss comes to the knowledge of the loser. | ||
(10) The Society, for the purposes of inquiry into any matters which may affect the making or refusal of a grant, may take evidence on oath, and the administration of such oath is hereby authorised. | ||
(11) (a) A grant may, at the discretion of the Society, be paid either in one sum or in such instalments as the Society may determine. | ||
(b) The Society, if they are of opinion that the financial stability of the Fund so requires, may postpone payment of any grant payable in one sum or payment of any instalment of a grant. |