John McLinden KC and Head of Chambers John Critchley, assisted by first-six pupil Andrew Burrell, successfully persuaded the High Court to withdraw the intervention against their client and his firm in Santers Solicitors Limited & Anr v Law Society & The SRA [2024] EWHC 3003 (Ch).
The judgment is a rare example of a solicitor overturning an intervention in their practice by the Solicitors Regulation Authority.
The client, a solicitor with an unblemished regulatory record for over 40 years, had taken on a consultant with a view to the consultant buying out his firm. Unbeknownst to the solicitor, the consultant was a disbarred barrister who had previously been convicted for conspiracy to defraud. The disbarred barrister then proceeded to use the client’s firm as a vehicle for other potentially fraudulent activities.
In July 2024, the SRA intervened on both the solicitor and his firm, taking possession of their money and documents, which had the effect of shutting down their practice. The solicitor brought proceedings under Schedule 1 of the Solicitors Act 1974, seeking an order directing the SRA to withdraw the intervention.
John McLinden KC successfully argued that there is no reason to suspect that the solicitor was complicit in the consultant’s dishonest conduct. Now that the consultant had been removed from the firm, the risk the solicitor posed to the public if he was allowed to resume his practice had been “significantly lessened.” Accordingly, the judge held that it was not necessary or proportionate for the intervention to continue.
The SRA have indicated that they intend to seek permission to appeal and a stay of the judgment in the meantime.
John McLinden and John Critchley were instructed on public access.
Read the judgment in full in Santers Solicitors Limited & Anr v Law Society & The SRA [2024].