Solicitors Regulation Authority Ltd v Khan & Ors [2023] EWHC 525 (Ch) (10 March 2023)

Solicitors Regulation Authority Ltd v Khan & Ors [2023] EWHC 525 (Ch) (10 March 2023)

The court held that the evidence did not establish Ms Khan as a protected party lacking capacity, and the finality principle precluded re-opening the Liability Judgment. The breaches of the Miles Order were serious, deliberate, and persistent, justifying a custodial sentence. Mitigation for medical condition and financial hardship warranted a 33% discount, resulting in a 12-month prison sentence for contempt of court.

Citation
[2023] EWHC 525 (Ch)
Parties
Claimant: Solicitors Regulation Authority Limited; First Defendant: Soophia Khan; Second Defendant: Sophie Khan & Co Limited; Third Defendant: Just For Public Limited
Jurisdiction
England and Wales
Judgment Date
10 March 2023
Procedural Posture
Committal Application for Contempt of Court / Sanction Judgment Following Liability Judgment
Outcome
First Defendant sentenced to 12 months' imprisonment for contempt of court; applications to re-open judgment and for adjournment refused.
Legal Topics
Committal for Contempt, Mental Capacity, Sanctions for Breach of Court Orders, Solicitors Regulation, Finality of Judgments, Adjournment Applications
Civil Procedure Professional Regulation Contempt of Court Committal for Contempt Mental Capacity Sanctions for Breach of Court Orders Solicitors Regulation Finality of Judgments +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 20 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Solicitors Regulation Authority Limited

Claimant

Soophia Khan

First Defendant

Sophie Khan & Co Limited

Second Defendant

Just For Public Limited

Third Defendant

Procedural Posture

Committal Application for Contempt of Court / Sanction Judgment Following Liability Judgment

Legal Issues

  1. 1 Whether to re-open the Liability Judgment on grounds of alleged lack of capacity of the First Defendant
  2. 2 Whether to adjourn sanction hearing pending determination of capacity
  3. 3 Appropriate sanction for contempt of court by a solicitor

Ratio Decidendi

The court held that the evidence did not establish Ms Khan as a protected party lacking capacity, and the finality principle precluded re-opening the Liability Judgment. The breaches of the Miles Order were serious, deliberate, and persistent, justifying a custodial sentence. Mitigation for medical condition and financial hardship warranted a 33% discount, resulting in a 12-month prison sentence for contempt of court.

Court Disposition

First Defendant sentenced to 12 months' imprisonment for contempt of court; applications to re-open judgment and for adjournment refused.

Orders

  • Respondents declared liable for contempt of court.
  • First Defendant (Soophia Khan) sentenced to 12 months' imprisonment.