When considering an application for the Law Society to be ordered to withdraw an intevention in a solicitor’s practice, the court undertakes a two stage process: ‘First it must decide whether the grounds under paragraph 1 are made out; in this case, primarily whether there are grounds for suspecting dishonesty. Secondly, if the Court is so satisfied, then it must consider whether in the light of all the evidence before it the intervention should continue. In deciding the second question, the Court must carry out a balancing exercise between the need in the public interest to protect the public from dishonest solicitors and the inevitably very serious consequences if the intervention continues.’
Judges:
Neuberger J
Citations:
Unreported, 15 September 2000
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Holder v Law Society CA 24-Jan-2003
The Society had intervened in the applicant’s legal practice. He complained that the intervention was disproportionate, and by removing his right to enjoyment of his possession, infringed his human rights. The Society appealed the finding that an . .
Cited – Simms and others v The Law Society CA 12-Jul-2005
The appellant challenged intervention proceedings brought against his solicitors practice by the respondent. Following disciplinary proceedings, the Society had obtained summary judgment rejecting the application, and awarding costs. The solicitor . .
Lists of cited by and citing cases may be incomplete.
Legal Professions
Updated: 13 May 2022; Ref: scu.228470
