309Prerequisites for making of compensation orders

309 Prerequisites for making of compensation orders

309 Prerequisites for making of compensation orders

(1) Unless the complainant and the respondent lawyer or law practice concerned agree, a compensation order is not to be made unless the designated local regulatory authority or designated tribunal (as the case requires) is satisfied that—

(a) the aggrieved person has suffered loss because of the conduct concerned; and

(b) it is in the interests of justice that the order be made.

(2) A compensation order is not to be made in respect of any loss for which the aggrieved person has received or is entitled to receive—

(a) compensation under an order that has been made by a court; or

(b) compensation paid or payable from a fidelity fund of any jurisdiction, where a relevant claim for payment from that fund has been made or determined.

(3) Subsection (2) does not apply where a fidelity authority is seeking a compensation order under its subrogation to the rights and remedies of a claimant (see section 246).