A decision by the Legal Services Commissioner to institute disciplinary proceedings under s 155(2) of the Legal Profession Act 1987 made without affording the practitioner an opportunity to be heard, without giving reasons, and without notification is void, not merely voidable. The Commissioner's duty under s 155(2) includes a duty to give reasons, and a court cannot perform that duty on the Commissioner's behalf. Disciplinary proceedings may be permanently stayed as an abuse of process where the grounds of complaint are foredoomed to fail, applying the General Steel standard. A solicitor who institutes proceedings on a client's instructions for a purpose within the scope of the proceedings does not commit professional misconduct, even if the proceedings have the incidental effect of disadvantaging the opposing party. The giving of inaccurate evidence cannot of itself amount to professional misconduct without knowledge of the inaccuracy.
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