Commentary on Sections Section 43: Enforcement of requirements to provide information or produce documents
Section 43 applies if a party, other than the solicitor, has failed to co-operate with the Solicitors Complaints Committee as required by section 43. 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 solicitor, the Committee must first be satisfied that the Law Society to which a report was made under section 42 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.