Adams v Law Society of England & Wales [2006] EWCA Civ 1857 (19 December 2006)

Adams v Law Society of England & Wales [2006] EWCA Civ 1857 (19 December 2006)

The applications for permission to appeal were refused because the underlying claims were without merit, the Law Society's intervention was lawful and not a breach of Article 6 ECHR, the Bar Council Joint Tribunal's decision was not susceptible to judicial review as it was a private law matter, and there was no compelling reason to adjourn or proceed to trial given the history of delay and lack of prospects of success.

Citation
[2006] EWCA Civ 1857
Parties
Claimant/appellant: Adams; Defendant/respondent: The Law Society of England and Wales; Defendant/respondent: The Bar Council Joint Tribunal & Others
Jurisdiction
England and Wales
Judgment Date
19 December 2006
Procedural Posture
Civil Appeal and Judicial Review / Applications for Permission to Appeal
Outcome
applications for permission to appeal refused
Legal Topics
Abuse of Process, Adjournment, Costs, Intervention in Solicitor's Practice, Judicial Review of Private Bodies, Human Rights (article 6 Echr)
Civil Procedure Professional Regulation Judicial Review Abuse of Process Adjournment Costs Intervention in Solicitor's Practice Judicial Review of Private Bodies +1 more

Case Brief

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Parties

Adams

Claimant/appellant

The Law Society of England and Wales

Defendant/respondent

The Bar Council Joint Tribunal & Others

Defendant/respondent

Procedural Posture

Civil Appeal and Judicial Review / Applications for Permission to Appeal

Legal Issues

  1. 1 Whether the applications for permission to appeal should be adjourned on health grounds
  2. 2 Whether the underlying claims had any merit warranting permission to appeal
  3. 3 Whether the intervention by the Law Society was lawful and compatible with Article 6 ECHR

Ratio Decidendi

The applications for permission to appeal were refused because the underlying claims were without merit, the Law Society's intervention was lawful and not a breach of Article 6 ECHR, the Bar Council Joint Tribunal's decision was not susceptible to judicial review as it was a private law matter, and there was no compelling reason to adjourn or proceed to trial given the history of delay and lack of prospects of success.

Court Disposition

applications for permission to appeal refused

Orders

  • application for adjournment refused
  • application for permission to appeal in Adams v The Law Society refused