The Law Society had intervened in the applicant’s legal practice as a solicitor, and his practising certificate had been automatically suspended. He applied to the court to remove the suspension.
Held: The powers exercised were statutory. The court did not have a power to lift the suspension without at the same time directing the Law Society to withdraw its intervention. The power to ask the Society was implicit only, and the court should be slow to interfere in the Society’s actions save in a clear case. The powers to vest monies in the Law Society and to obtain possession of practice documents can be exercised in combination.
Judges:
Chadwick, May Rix LJJ
Citations:
[2005] EWCA Civ 476, Times 11-May-2005, [2005] 1 WLR 2708
Links:
Statutes:
Solicitors Act 1974 Sch1 p6(4)
Jurisdiction:
England and Wales
Citing:
Cited – Law Society v Bultitude CA 16-Dec-2004
The solicitor had committed breaches of the accounts rules. The Society appealed an order suspending him from practice for two years.
Held: Many solicitors who had improper recourse to client funds intended to repay those sums. Striking off . .
Cited – Dooley v Law Society (2) ChD 23-Nov-2001
The respondent intervened in the claimant’s legal practice. He claimed a duty on the Law Society to administer his former practice in such a way as to maximize recovery of outstanding fees and disbursements.
Held: The Law Society had no duty . .
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 – Wright v The Law Society Admn 4-Sep-2002
‘The Law Society has to take into account the public interest in deciding whether to exercise its powers of intervention at all. The public interest requires a balance to be struck between the draconian effect of intervention and the matters . .
Cited – Giles v The Law Society CA 20-Oct-1995
A notice of the Law Society’s suspicion of dishonesty founding an intervention in a solicitor’s practice, did not need to particularise the acts suspected. Sedley LJ said: ‘it is by common consent a matter for the court’s judgment [on an application . .
Appeal from – Sritharan v Law Society ChD 2004
The powers to vest monies in the Law Society and to obtain possession of practice documents can be exercised in combination. . .
Cited by:
Cited – Sheikh v The Law Society ChD 1-Jul-2005
The claimant challenged the intervention by the Law Society in her solicitors practice.
Held: Though there were some breaches of the solicitors’ accounts rules there was insufficient basis for the Society to have behaved in the way it had and . .
Cited – Ahmed and Co, Biebuyck Solicitors, Dixon and Co and Others, Re; Law Society ChD 14-Mar-2006
. .
Lists of cited by and citing cases may be incomplete.
Legal Professions
Updated: 29 June 2022; Ref: scu.224482
