By virtue of that regulation the giving of notice of appeal operates as a statutory stay of execution of the judgment. The order for execution to proceed made by the trial local court in contravention of that statutory prohibition is therefore indefensible; it is without jurisdiction and is therefore void ab initio and so is the sale allegedly made in pursuance of the illegal writ of fi. fa.
Legal practitioners who seek a stay of orders made by their disciplinary tribunal while an appeal is pending or for any other reason have the onus of persuading the court that such a stay should be granted. There are a number of balancing factors which will bear upon the Court’s decision as to whether such an indulgence should be afforded. The first is that disciplinary proceedings against those who hold themselves out to the public as fit to practice, in this case the solicitors, are sui generis. The discipline imposed, while punitive in its applications to the practitioners involved is very largely protective of the public interest. Other matters which this Court will take into account will include the seriousness of the conduct which has led to the tribunal’s decision and the prospects which the instituted appeal has of succeeding”
