Solicitors Regulation Authority Ltd v Khan & Ors [2024] EWCA Civ 531 (23 May 2024)

Solicitors Regulation Authority Ltd v Khan & Ors [2024] EWCA Civ 531 (23 May 2024)

The correct test for capacity in civil contempt proceedings is that under the Mental Capacity Act 2005, not the criminal law fitness to plead test. The judge was entitled to find, on the evidence, that Ms Khan had capacity to defend the proceedings and was not obliged to adjourn for further medical evidence. There was no breach of Article 6 ECHR fair trial rights.

Citation
[2024] EWCA Civ 531
Parties
Claimant/respondent: Solicitors Regulation Authority Ltd; Defendant/appellant: Soophia Khan; Defendant/appellant: Sophie Khan & Co Ltd; Defendant/appellant: Just for Public Ltd
Jurisdiction
England and Wales
Judgment Date
23 May 2024
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeals and Applications Following High Court Committal Orders
Outcome
All appeals and applications dismissed.
Legal Topics
Contempt of Court, Fitness to Plead, Mental Capacity Act 2005, Committal Proceedings, Article 6 ECHR, Adjournment for Medical Evidence
Civil Procedure Professional Regulation Mental Capacity Contempt of Court Fitness to Plead Mental Capacity Act 2005 Committal Proceedings Article 6 ECHR +1 more

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Parties

Solicitors Regulation Authority Ltd

Claimant/respondent

Soophia Khan

Defendant/appellant

Sophie Khan & Co Ltd

Defendant/appellant

Just for Public Ltd

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeals and Applications Following High Court Committal Orders

Legal Issues

  1. 1 Whether the test for fitness to plead in criminal cases applies to civil contempt proceedings
  2. 2 Whether the judge erred in finding Ms Khan had capacity to defend contempt proceedings
  3. 3 Whether the judge should have adjourned for further medical evidence

Ratio Decidendi

The correct test for capacity in civil contempt proceedings is that under the Mental Capacity Act 2005, not the criminal law fitness to plead test. The judge was entitled to find, on the evidence, that Ms Khan had capacity to defend the proceedings and was not obliged to adjourn for further medical evidence. There was no breach of Article 6 ECHR fair trial rights.

Court Disposition

All appeals and applications dismissed.

Orders

  • Ms Khan's main appeal dismissed.
  • Companies' applications for extension of time and permission to appeal refused.