Solicitors Regulation Authority Ltd v Soophia Khan & Ors

Solicitors Regulation Authority Ltd v Soophia Khan & Ors

The proper test for capacity to defend committal proceedings is that in the Mental Capacity Act 2005, not the criminal fitness to plead test. The judge was entitled to find, on the evidence, that Ms Khan had capacity and to refuse adjournment for further evidence. There was no procedural unfairness or error in the approach to adverse inferences or costs. The appeals are dismissed.

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
24 November 2024
Procedural Posture
Civil Appeal (contempt/committal) / Court of Appeal Judgment on Appeals From High Court Committal Orders
Outcome
All appeals dismissed
Legal Topics
Contempt of Court, Committal Proceedings, Mental Capacity to Defend, Costs Orders, Fitness to Plead, Procedural Fairness
Civil Procedure Professional Regulation Mental Capacity Contempt of Court Committal Proceedings Mental Capacity to Defend Costs Orders Fitness to Plead +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 (contempt/committal) / Court of Appeal Judgment on Appeals From 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 appellant (Ms Khan) lacked capacity to defend herself in committal proceedings
  3. 3 Whether the judge erred in refusing to adjourn for further medical evidence

Ratio Decidendi

The proper test for capacity to defend committal proceedings is that in the Mental Capacity Act 2005, not the criminal fitness to plead test. The judge was entitled to find, on the evidence, that Ms Khan had capacity and to refuse adjournment for further evidence. There was no procedural unfairness or error in the approach to adverse inferences or costs. The appeals are dismissed.

Court Disposition

All appeals dismissed

Orders

  • Ms Khan's main appeal dismissed
  • Companies' appeal dismissed (extension of time and permission granted on three grounds, but appeal dismissed; permission to amend to add fourth ground refused)