The Law Society (Solicitors Regulation Authority) [2015] EWHC 166 (Ch) (09 February 2015)

The Law Society (Solicitors Regulation Authority) [2015] EWHC 166 (Ch) (09 February 2015)

The Law Society (SRA) has the power under paragraph 16 of Schedule 1 to the Solicitors Act 1974 to destroy redundant documents obtained during interventions, as this is reasonably necessary to facilitate its statutory functions and to comply with data protection and human rights obligations. However, a general declaration is refused due to vagueness and lack of an adversarial hearing. The court grants an order under paragraph 9(10) permitting destruction of non-original documents in accordance with the SRA's document retention policy for all documents currently in its possession under paragraphs 9 and 10.

Citation
[2015] EWHC 166 (Ch)
Parties
Claimant: The Law Society (Solicitors Regulation Authority)
Jurisdiction
England and Wales
Judgment Date
09 February 2015
Procedural Posture
Part 8 Claim (cpr Part 8, Solicitors Act 1974) / Judgment on Application for Declaration and Destruction Order
Outcome
Declaration refused; destruction order granted under paragraph 9(10) of Schedule 1 to the Solicitors Act 1974.
Legal Topics
Solicitors Regulation, Document Retention and Destruction, Statutory Powers of Intervention, Data Protection, Judicial Review
Regulatory Law Professional Discipline Administrative Law Solicitors Regulation Document Retention and Destruction Statutory Powers of Intervention Data Protection Judicial Review

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Parties

The Law Society (Solicitors Regulation Authority)

Claimant

Procedural Posture

Part 8 Claim (cpr Part 8, Solicitors Act 1974) / Judgment on Application for Declaration and Destruction Order

Legal Issues

  1. 1 Does the Law Society (SRA) have the power to destroy documents obtained during interventions without a court order?
  2. 2 Should the court grant a declaration confirming such a power?
  3. 3 Should the court grant an order under paragraph 9(10) of Schedule 1 to the Solicitors Act 1974 permitting destruction of documents in accordance with the SRA's policy?

Ratio Decidendi

The Law Society (SRA) has the power under paragraph 16 of Schedule 1 to the Solicitors Act 1974 to destroy redundant documents obtained during interventions, as this is reasonably necessary to facilitate its statutory functions and to comply with data protection and human rights obligations. However, a general declaration is refused due to vagueness and lack of an adversarial hearing. The court grants an order under paragraph 9(10) permitting destruction of non-original documents in accordance with the SRA's document retention policy for all documents currently in its possession under paragraphs 9 and 10.

Court Disposition

Declaration refused; destruction order granted under paragraph 9(10) of Schedule 1 to the Solicitors Act 1974.

Orders

  • Refusal to grant the declaration sought regarding general power to destroy documents without court order.
  • Order permitting the SRA to destroy non-original documents in its possession by virtue of paragraphs 9 and 10 of Schedule 1 to the Solicitors Act 1974, in accordance with its document retention policy, covering all such documents currently held.