Deputy Chief Legal Ombudsman v Young [2011] EWHC 2923 (Admin) (14 November 2011)

Deputy Chief Legal Ombudsman v Young [2011] EWHC 2923 (Admin) (14 November 2011)

The defendant failed without reasonable excuse to comply with the ombudsman's statutory notice under s.147 of the Legal Services Act 2007, despite repeated opportunities and warnings. His conduct amounted to a default justifying the court's intervention under s.149(4) as if for contempt of court. The court imposed a fine and costs, considering the defendant's apology and subsequent cooperation as mitigation but finding the default serious and persistent.

Citation
[2011] EWHC 2923 (Admin)
Parties
Claimant: Deputy Chief Legal Ombudsman (Mr Gary Garland); Defendant: Howard Robert Gillespie Young
Jurisdiction
England and Wales
Judgment Date
14 November 2011
Procedural Posture
Administrative Application Under Legal Services Act 2007 S.149 / Final Judgment After Inquiry and Hearings
Outcome
Application granted. Defendant found in default and dealt with as if in contempt of court.
Legal Topics
Ombudsman Enforcement, Solicitor Misconduct, Contempt of Court, Document Production, Professional Discipline
Legal Profession Regulation Administrative Law Ombudsman Enforcement Solicitor Misconduct Contempt of Court Document Production Professional Discipline

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Parties

Deputy Chief Legal Ombudsman (Mr Gary Garland)

Claimant

Howard Robert Gillespie Young

Defendant

Procedural Posture

Administrative Application Under Legal Services Act 2007 S.149 / Final Judgment After Inquiry and Hearings

Legal Issues

  1. 1 Whether the defendant failed without reasonable excuse to comply with a s.147 notice issued by the Legal Ombudsman under the Legal Services Act 2007
  2. 2 Whether the court should deal with the defendant as if in contempt of court under s.149(4) of the 2007 Act
  3. 3 Appropriate penalty for default in compliance with ombudsman requisition

Ratio Decidendi

The defendant failed without reasonable excuse to comply with the ombudsman's statutory notice under s.147 of the Legal Services Act 2007, despite repeated opportunities and warnings. His conduct amounted to a default justifying the court's intervention under s.149(4) as if for contempt of court. The court imposed a fine and costs, considering the defendant's apology and subsequent cooperation as mitigation but finding the default serious and persistent.

Court Disposition

Application granted. Defendant found in default and dealt with as if in contempt of court.

Orders

  • Defendant fined £5,000, payable by 4 January 2012.
  • Defendant to pay claimant's costs of £15,550, payable by 7 December 2011.