Solicitors Regulation Authority Ltd v Khan & Ors [2023] EWHC 302 (Ch) (14 February 2023)

Solicitors Regulation Authority Ltd v Khan & Ors [2023] EWHC 302 (Ch) (14 February 2023)

The court found beyond reasonable doubt that Ms Khan and the corporate defendants were properly served with the Miles Order, had Listed Items (including accounting records and client files) in their possession or control at the relevant time, and failed to deliver them up or provide the required witness statement by the deadline. This constituted breaches of paragraphs 1 and 5 of the Miles Order and amounted to contempt of court.

Citation
[2023] EWHC 302 (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
14 February 2023
Procedural Posture
Committal Application (contempt of Court) / Liability Judgment Following Substantive Hearing
Outcome
Defendants found in contempt of court for breaches of paragraphs 1 and 5 of the Miles Order.
Legal Topics
Contempt of Court, Solicitors Regulation, Court Orders Compliance, Schedule 1 Solicitors Act 1974, Alternative Service
Regulatory Law Civil Procedure Professional Discipline Contempt of Court Solicitors Regulation Court Orders Compliance Schedule 1 Solicitors Act 1974 Alternative Service

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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 (contempt of Court) / Liability Judgment Following Substantive Hearing

Legal Issues

  1. 1 Whether the defendants breached paragraph 1 and/or 5 of the Miles Order by failing to deliver up Listed Items and/or serve a witness statement as required;
  2. 2 Whether the defendants had Listed Items in their possession or control at the relevant time;
  3. 3 Whether the defendants' conduct amounted to contempt of court beyond reasonable doubt.

Ratio Decidendi

The court found beyond reasonable doubt that Ms Khan and the corporate defendants were properly served with the Miles Order, had Listed Items (including accounting records and client files) in their possession or control at the relevant time, and failed to deliver them up or provide the required witness statement by the deadline. This constituted breaches of paragraphs 1 and 5 of the Miles Order and amounted to contempt of court.

Court Disposition

Defendants found in contempt of court for breaches of paragraphs 1 and 5 of the Miles Order.

Orders

  • Declaration that the defendants are in contempt of court for breach of the Miles Order.
  • Directions for further hearing to determine sanction and any consequential orders.