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If the Respondent has expressed the desire to appeal the decision made against them and refer the matter to a disciplinary hearing.

The only permitted grounds of appeal under the rules and regulations are the following:

  • the decision was based on an error of law or fact;
  • the decision was unjust because of a serious procedural error or irregularity;
  • the decision was irrational; and/or
  • new material evidence has come to light which was not reasonably available at the time of the decision.

It is worth noting that the above grounds were introduced under the 'Post 1 February 2020 Rules to eliminate the risk of the Respondent requesting an appeal that has no real prospect of success, opening the Respondent up to being liable for the CII’s costs for the hearing.