The Law Society v Elsdon & Ors

The Law Society v Elsdon & Ors

There is clear and cogent evidence of dishonesty by Mr Elsdon and Sai-Donne Limited, as well as breaches of the SRA Code of Conduct and Accounts Rules, particularly in relation to overcharging, mismanagement of client money, and inappropriate conduct in probate and other matters. The risks of reinstating Mr Elsdon and Sai-Donne outweigh the risks of continuing the intervention. The intervention notices should not be withdrawn.

Parties
Claimant: The Law Society; Defendant: Michael John Elsdon; Defendant: Marianne Josephine Jane Elsdon; Defendant: Sai-Donne Limited
Jurisdiction
England and Wales
Judgment Date
12 May 2015
Procedural Posture
Application to Withdraw SRA Intervention / Judgment After Hearing of Application to Withdraw Intervention
Outcome
Application to withdraw SRA intervention refused
Legal Topics
Solicitors Regulation Authority Intervention, Dishonesty by Solicitors, Overcharging, Client Money Mismanagement, Probate Administration, Solicitors Act 1974, Legal Services Act 2007
Regulatory Law Professional Discipline Probate Law Solicitors Regulation Authority Intervention Dishonesty by Solicitors Overcharging Client Money Mismanagement Probate Administration +2 more

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Parties

The Law Society

Claimant

Michael John Elsdon

Defendant

Marianne Josephine Jane Elsdon

Defendant

Sai-Donne Limited

Defendant

Procedural Posture

Application to Withdraw SRA Intervention / Judgment After Hearing of Application to Withdraw Intervention

Legal Issues

  1. 1 Whether the SRA's intervention into the practice of Mr Elsdon and Sai-Donne Limited should be withdrawn
  2. 2 Whether there is good reason to suspect dishonesty by Mr Elsdon justifying intervention
  3. 3 Whether breaches of the SRA Code of Conduct and Accounts Rules occurred

Ratio Decidendi

There is clear and cogent evidence of dishonesty by Mr Elsdon and Sai-Donne Limited, as well as breaches of the SRA Code of Conduct and Accounts Rules, particularly in relation to overcharging, mismanagement of client money, and inappropriate conduct in probate and other matters. The risks of reinstating Mr Elsdon and Sai-Donne outweigh the risks of continuing the intervention. The intervention notices should not be withdrawn.

Court Disposition

Application to withdraw SRA intervention refused

Orders

  • The intervention notices are not withdrawn.