Lebow, Re a Solicitor No 13 of 2007

Lebow, Re a Solicitor No 13 of 2007

The imposition of conditions on Miss Lebow's practising certificate was both proportionate and reasonable in light of her repeated failures to file accountant's reports, and the regulatory process, including the right of appeal, satisfied the requirements of fairness and Article 6 ECHR.

Parties
Appellant: B. Lebow; Respondent: The Law Society
Jurisdiction
England and Wales
Judgment Date
12 February 2008
Procedural Posture
Regulatory Appeal / Appeal From Law Society Adjudicator to Master of the Rolls
Outcome
appeal dismissed
Legal Topics
Solicitors' Practising Certificates, Regulatory Conditions, Failure to File Accountant's Reports, Article 6 ECHR
Professional Regulation Solicitors' Practising Certificates Regulatory Conditions Failure to File Accountant's Reports Article 6 ECHR

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Parties

B. Lebow

Appellant

The Law Society

Respondent

Procedural Posture

Regulatory Appeal / Appeal From Law Society Adjudicator to Master of the Rolls

Legal Issues

  1. 1 Whether the imposition of conditions on Miss Lebow's practising certificate was proportionate and reasonable
  2. 2 Whether the regulatory process breached Article 6 of the European Convention on Human Rights
  3. 3 Whether procedural fairness required an oral hearing before the adjudicator or appeal panel

Ratio Decidendi

The imposition of conditions on Miss Lebow's practising certificate was both proportionate and reasonable in light of her repeated failures to file accountant's reports, and the regulatory process, including the right of appeal, satisfied the requirements of fairness and Article 6 ECHR.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.