Holder v The Law Society: Admn 26 Jul 2005

The applicant challenged the independence of the respondent’s disciplinary tribunal.
Held: The claim failed: ‘the nature of the Tribunal is entirely adequately independent and impartial for the purposes for which it is constituted. The reasonable by-stander, properly informed of the facts, could not consider otherwise.’ The tribunal had properly considered all the evidence as to the claimant’s honesty and was entitled to make a finding of dishonesty upon it.


McCombe J


[2005] EWHC 2023 (Admin)




England and Wales


CitedStarrs and Chalmers and Bill of Advocattion for Procurator Fiscal, Linlithgow v Procurator Fiscal, Linlithgow and Hugh Latta Starrs and James Wilson Chalmers; Starrs v Ruxton, Ruxton v Starrs ScHC 11-Nov-1999
The system in Scotland whereby lesser judges were appointed by the executive, for a year at a time, and could be discharged without explanation or challenge, meant that they could be seen not to be independent, and the system was a breach of the . .
CitedPine v Law Society (1) Admn 13-Dec-2000
The court considered the independence of the Law Society’s disciplinary tribunal: ‘Standing back, and bearing in mind the statutory scheme for the Disciplinary Tribunal, I see no reason to doubt its independence or impartiality. It is independent of . .
CitedBlunt v Park Lane Hotel Ltd CA 1942
The court considered the rule against self incrimination. Lord Justice Goddard said: ‘The rule is that no one is bound to answer any questions if the answer thereto would, in the opinion of the judge, have a tendency to expose the defendant to any . .
CitedPine v Law Society CA 20-Feb-2002
The applicant was a solicitor. The Respondent intervened in his practice, and a solicitor agent took it over. The agent submitted its accounts for payment by the Society and the applicant, who then sought to challenge the accounts under the Act. The . .
CitedSaunders v The United Kingdom ECHR 17-Dec-1996
(Grand Chamber) The subsequent use against a defendant in a prosecution, of evidence which had been obtained under compulsion in company insolvency procedures was a convention breach of Art 6. Although not specifically mentioned in Article 6 of the . .
CitedRank Film Distributors v Video Information Centre HL 1-Mar-1981
The plaintiffs claimed large-scale copyright infringement, and obtained Anton Pillar orders. The House considered the existence of the privilege against self-incrimination where the Anton Piller type of order has been made. The Court of Appeal had . .
CitedRegina v Institute of Chartered Accountants of England and Wales ex parte Nawaz Admn 25-Oct-1996
The privilege against self incrimination was lost by the act of voluntarily submitting to the rules of a professional institute. Leggatt LJ: ‘Waiver of privilege
We indicated to counsel that for the purposes of this appeal we were content to . .
CitedGreen v Weaver 1827
The plaintiff instructed the defendants, a firm of wool-brokers in the City of London, to buy foreign wool for him, in the belief that all the partners in the firm were duly qualified to act as brokers. It was of some importance to him to know who . .
CitedRobinson v Kitchin 1856
Contracting out of the privilege against self-incrimination. . .
CitedSaunders v United Kingdom ECHR 30-Sep-1994
Link between self-incrimination and presumption of innocence – use of compulsion. . .
CitedBishopsgate Investment Management Ltd (In Provisional Liquidation) v Maxwell and Another CA 13-May-1992
A company liquidator applied for an order under sections 235 and 236 of the Insolvency Act 1986 that a director should disclose information to that liquidator. The Director objected that to do so would infringe his privilege against . .
CitedTate Access Floors Inc v Boswell 1991
Senior employees were suspected of misappropriating the company’s funds.
Held: The authorities did not establish the wide proposition that where a defendant agrees to act as a fiduciary, he impliedly contracts not to raise the claim to the . .
See AlsoHolder v The Law Society CA 24-Jan-2003
The solicitor had sought an order to have set aside the Society’s intervention in his legal practice. His claim had been dismissed after considerable delay, but re-instated on appeal. The Society now appealed against the re-instatement. There had . .

Cited by:

CitedGadd v Solicitors Regulation Authority CA 6-Jun-2013
Renewed application for permission to appeal against grant of summary judgment n favour of the defendant. He had sought to have set aside the respondent’s intervention in his solicitor’s practise. He said that he shuld have had legal assistance in . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 23 May 2022; Ref: scu.230390