The Law Society swore a complaint against the appellant solicitor containing eight counts of alleged misconduct.
A panel of the Discipline Committee dismissed two counts under the old Law Society Act, which did not allow for costs unless proceedings were unwarranted.
A second panel later stayed the remaining counts.
By then, a new Act was in effect, allowing the hearing panel to award costs.
The second panel and the Appeal Panel held that the old Act applied because a hearing had commenced.
The Divisional Court allowed the appeal, holding that 'hearing' refers to the substantive hearing on the merits, which had not commenced for the remaining counts.
The matter was remitted for a determination of costs under the new Act.
