Explanatory Memorandum

Legal Complaints and Regulation Act (Northern Ireland) 2016

2016 CHAPTER 14

11th April 2016

Commentary on Sections

Clause 24: Enforcement of requirements to provide information or produce documents

Section 24 applies if a party, other than the barrister, has failed to co-operate with the Bar Complaints Committee as required by section 22. In such a case, the Committee may inform the court (which in this case means the High Court by virtue of subsection (7)) of the person’s failure to comply with the request for information.

However, by virtue of subsections (5) and (6), where the defaulter is a barrister, the Committee must first be satisfied that the General Council of the Bar to which a report was made under section 23 has been given a reasonable opportunity to take action, and that the defaulter has continued to be in default.

Under subsection (4) the High Court may thereupon enquire into the case, and if satisfied that the defaulter has failed without reasonable excuse to comply with the requirement, it may deal with the defaulter as if the defaulter were in contempt.