L v The Law Society

L v The Law Society

The existence of spent or unspent convictions does not amount to exceptional circumstances justifying a private hearing under Regulation 10 of the 2001 Regulations. The Rehabilitation of Offenders Act 1974 does not confer confidentiality in solicitor admission proceedings due to the Exceptions Order. The SRA's confidentiality policy does not bind the independent appellate tribunal. Public interest in open justice and the reputation of the profession outweighs the applicant's privacy concerns.

Parties
Applicant: L; Respondent: The Law Society
Jurisdiction
England and Wales
Judgment Date
10 June 2008
Procedural Posture
Application Under the Master of the Rolls (appeals and Applications) Regulations 2001 / Preliminary Application Regarding Hearing in Private
Outcome
Application refused
Legal Topics
Open Justice, Spent Convictions, Confidentiality, Admission to Legal Profession, Article 6 ECHR, Article 8 ECHR
Professional Regulation Administrative Law Human Rights Open Justice Spent Convictions Confidentiality Admission to Legal Profession Article 6 ECHR +1 more

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Parties

L

Applicant

The Law Society

Respondent

Procedural Posture

Application Under the Master of the Rolls (appeals and Applications) Regulations 2001 / Preliminary Application Regarding Hearing in Private

Legal Issues

  1. 1 Whether the existence of spent convictions amounts to exceptional circumstances justifying a private hearing under Regulation 10 of the 2001 Regulations
  2. 2 Whether the SRA's confidentiality policy or the Rehabilitation of Offenders Act 1974 renders details of spent convictions confidential for these proceedings
  3. 3 Whether Article 6 or Article 8 ECHR require the hearing to be held in private

Ratio Decidendi

The existence of spent or unspent convictions does not amount to exceptional circumstances justifying a private hearing under Regulation 10 of the 2001 Regulations. The Rehabilitation of Offenders Act 1974 does not confer confidentiality in solicitor admission proceedings due to the Exceptions Order. The SRA's confidentiality policy does not bind the independent appellate tribunal. Public interest in open justice and the reputation of the profession outweighs the applicant's privacy concerns.

Court Disposition

Application refused

Orders

  • The application for a private hearing is refused.
  • The transcript of the proceedings on the preliminary issue is closed.