IN THE MATTER OF SOLICITORS REGULATION AUTHORITY LIMITED

IN THE MATTER OF SOLICITORS REGULATION AUTHORITY LIMITED

The SRA may destroy non-original documents in its possession as at the date of the order in accordance with its file retention policy, as the policy is lawful, proportionate, and supported by consultation and evidence of negligible risk to clients.

Parties
Claimant: Solicitors Regulation Authority Limited
Jurisdiction
England and Wales
Judgment Date
15 July 2022
Procedural Posture
Part 8 Claim / Application for Authority to Destroy Documents
Outcome
application granted
Legal Topics
Document Retention, Destruction of Documents, Solicitors' Practice Interventions, Data Protection
Administrative Law Regulatory Law Document Retention Destruction of Documents Solicitors' Practice Interventions Data Protection

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Parties

Solicitors Regulation Authority Limited

Claimant

Procedural Posture

Part 8 Claim / Application for Authority to Destroy Documents

Legal Issues

  1. 1 Does the SRA have authority to destroy non-original documents acquired through interventions?
  2. 2 Is the proposed document destruction policy lawful and proportionate?
  3. 3 Should documents deposited for safekeeping and charge certificates be treated differently under the policy?

Ratio Decidendi

The SRA may destroy non-original documents in its possession as at the date of the order in accordance with its file retention policy, as the policy is lawful, proportionate, and supported by consultation and evidence of negligible risk to clients.

Court Disposition

application granted

Orders

  • The SRA may destroy any non-original documents in its possession as at the date of the order in accordance with its file retention policy as amended from time to time.
  • Documents may be destroyed on a rolling basis as and when they become available for destruction in accordance with the policy.