Gadd v Solicitors Regulation Authority

Gadd v Solicitors Regulation Authority

Impecuniosity and delayed provision of the forensic report do not justify departure from the statutory eight-day limitation period; no reasonable prospect for reading down paragraph 6(4) to allow a challenge so long after the prescribed period.

Parties
Applicant: Christopher Gadd; Respondent: Solicitors Regulation Authority
Jurisdiction
England and Wales
Judgment Date
06 June 2013
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Application refused
Legal Topics
Summary Judgment, Intervention Procedure, Limitation Periods, Human Rights
Civil Procedure Professional Regulation Summary Judgment Intervention Procedure Limitation Periods Human Rights

Case Brief

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Parties

Christopher Gadd

Applicant

Solicitors Regulation Authority

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether proceedings challenging intervention can be brought outside the statutory eight-day period
  2. 2 Compatibility of eight-day limitation with European Convention on Human Rights
  3. 3 Effect of delayed provision of forensic report on ability to challenge intervention

Ratio Decidendi

Impecuniosity and delayed provision of the forensic report do not justify departure from the statutory eight-day limitation period; no reasonable prospect for reading down paragraph 6(4) to allow a challenge so long after the prescribed period.

Court Disposition

Application refused

Orders

  • Permission to appeal denied