The Law Society of England And Wales v Shah [2014] EWHC 4382 (Ch) (12 January 2015)

The Law Society of England And Wales v Shah [2014] EWHC 4382 (Ch) (12 January 2015)

Section 41(4)(c) of the Solicitors Act 1974, construed broadly and purposively, empowers the court to grant an injunction against a struck off solicitor to restrain future breaches of the regulatory regime, even where there is only a real risk of such breaches, in order to protect the public and the integrity of the profession.

Citation
[2014] EWHC 4382 (Ch)
Parties
Claimant/applicant: The Law Society of England and Wales; Defendant/respondent: Dixit Shah (also known as Sanjay Shah)
Jurisdiction
England and Wales
Judgment Date
12 January 2015
Procedural Posture
Part 8 Claim (chancery Division, High Court) / Judgment on Application for Permanent Injunction
Outcome
Permanent injunction granted
Legal Topics
Injunctions Against Struck Off Solicitors, Statutory Interpretation of Solicitors Act 1974, Supervisory Jurisdiction of the Court, Standing of Regulatory Bodies, Enforcement of Regulatory Regime
Regulatory Law Professional Discipline Civil Procedure Injunctions Against Struck Off Solicitors Statutory Interpretation of Solicitors Act 1974 Supervisory Jurisdiction of the Court Standing of Regulatory Bodies Enforcement of Regulatory Regime

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Parties

The Law Society of England and Wales

Claimant/applicant

Dixit Shah (also known as Sanjay Shah)

Defendant/respondent

Procedural Posture

Part 8 Claim (chancery Division, High Court) / Judgment on Application for Permanent Injunction

Legal Issues

  1. 1 Whether the Law Society can obtain a permanent injunction against a struck off solicitor to restrain him from holding himself out as a solicitor or engaging in regulated activities
  2. 2 Whether the Law Society has standing to seek such relief under statute or common law
  3. 3 Whether section 41(4)(c) of the Solicitors Act 1974 empowers the court to grant the relief sought

Ratio Decidendi

Section 41(4)(c) of the Solicitors Act 1974, construed broadly and purposively, empowers the court to grant an injunction against a struck off solicitor to restrain future breaches of the regulatory regime, even where there is only a real risk of such breaches, in order to protect the public and the integrity of the profession.

Court Disposition

Permanent injunction granted

Orders

  • Permanent injunction restraining Mr Shah from holding himself out as a solicitor, undertaking reserved legal activities, or being employed, remunerated, managing or controlling the practice of a solicitor or regulated body without Law Society permission.
  • Order for Mr Shah to swear a further affidavit disclosing all dealings with solicitors or SRA-regulated bodies since 1 October 2013.