Solicitors Regulation Authority Ltd v Khan & Ors [2022] EWHC 1693 (Ch) (27 April 2022)

Solicitors Regulation Authority Ltd v Khan & Ors [2022] EWHC 1693 (Ch) (27 April 2022)

The SRA is entitled to a fresh order requiring compliance with the prior order, as the application is substantively for a new order and client consent is not a precondition for delivery up of documents in an intervened practice.

Source-derived case information.

Citation
[2022] EWHC 1693 (Ch)
Parties
Claimant: Solicitors Regulation Authority Limited; First Defendant: Sophie Khan; Second Defendant: Sophie Khan & Co.; Third Defendant: Just For Public Limited
Jurisdiction
England and Wales
Judgment Date
27 April 2022
Procedural Posture
Interim Application / Hearing of Application to Fix New Compliance Date With Prior Court Order
Outcome
Application granted
Legal Topics
Court Orders, Contempt of Court, Solicitors Act Intervention, Delivery Up of Documents
Regulatory Law Professional Discipline Civil Procedure Court Orders Contempt of Court Solicitors Act Intervention Delivery Up of Documents

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Summary, issues, holding and outcome

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Parties

Solicitors Regulation Authority Limited

Claimant

Sophie Khan

First Defendant

Sophie Khan & Co.

Second Defendant

Just For Public Limited

Third Defendant

Procedural Posture

Interim Application / Hearing of Application to Fix New Compliance Date With Prior Court Order

Legal Issues

  1. 1 Whether the SRA is entitled to a fresh order fixing new dates for compliance with the 21 September 2021 order
  2. 2 Whether client consent is required for delivery up of documents
  3. 3 Appropriateness of access to email accounts containing client files

Ratio Decidendi

The SRA is entitled to a fresh order requiring compliance with the prior order, as the application is substantively for a new order and client consent is not a precondition for delivery up of documents in an intervened practice.

Court Disposition

Application granted

Orders

  • Fresh order to be made requiring defendants to comply with paragraphs 1-5 of the 21 September 2021 order, with new fixed dates for compliance.
  • Mechanism to resolve disputes as to whether particular emails are listed items to be built into the order.