Legal Profession (Solicitors’ Compensation Fund) Rules

These Rules may be cited as the Legal Profession (Solicitors’ Compensation Fund) Rules.

Before or at the time of making an application to the Council for a grant out of the Compensation Fund established under section 75 of the Act, an applicant shall complete, sign and deliver to the Secretary of the Society a notice in the Form A set out in the Schedule or in a form to the like effect approved by the Council.

Every such notice shall be delivered to the Secretary of the Society within 6 months (or such other period not exceeding 2 years as the Council may allow in any particular case) after the loss, in respect of which the notice is delivered, first came to the knowledge of the applicant.

Every such notice shall be accompanied by an application for a grant out of the Compensation Fund, except where it is impracticable to deliver the application with the notice, in which case the application shall be delivered to the Secretary of the Society as soon as practicable after the delivery of the notice.

Every application shall be made in the Form B set out in the Schedule or in a form to the like effect approved by the Council. The Council may require an applicant to make a statutory declaration in support of his application.

The Council may require an application to be supported by oral evidence to be tendered and documents to be produced to the Council or any Committee appointed and authorised by the Council to exercise or to assist the Council in the exercise of its functions under section 75 of the Act.

The Council may, before deciding whether or not to make a grant out of the Compensation Fund, require in respect of any application the pursuit of any civil remedy which may be available in respect of the loss, or the institution of criminal proceedings in respect of the dishonesty leading to the loss, or the making of an application to a Disciplinary Committee.

The Council may in any particular case waive any of the provisions of these Rules or permit the amendment of any notice or application.

Any requirement of the Council under these Rules may be communicated by a notice in writing which may be delivered personally or sent by post to the addressee at his last known address. Any such notice sent by post shall be deemed to have been received by the addressee within 48 hours (excluding Sundays and Public Holidays) of the time of posting.