Potkonyak v Legal Services Commissioner

The applicant, Mr. Potkonyak, sought a stay of a striking off order made by the Legal Services Commissioner against his legal practice. The Commissioner had found Mr. Potkonyak guilty of professional misconduct, leading to the order that he be struck off the roll of legal practitioners. Mr. Potkonyak appealed this decision and simultaneously applied to the Court of Appeal for a stay of the striking off order pending the determination of his appeal.

The central legal issue before the Court of Appeal was whether to grant a stay of the striking off order. This required the court to consider the principles governing the grant of a stay in disciplinary proceedings against a legal practitioner, particularly where the practitioner seeks to continue practising while appealing a finding of professional misconduct and a consequent striking off order.

In determining the application, the Court of Appeal applied the principles established in cases concerning stays of disciplinary orders. The court considered the strength of the applicant's grounds of appeal, the potential prejudice to the applicant if the stay was refused and the appeal was successful, and the potential prejudice to the public and the administration of justice if the stay was granted and the appeal was ultimately unsuccessful. The court weighed these competing interests to decide whether exceptional circumstances warranted the grant of a stay. The court ultimately made orders in relation to the stay, the details of which are found at paragraph [19] of the judgment.