Deputy Chief Ombudsman, R (on the application of) v French [2012] EWHC 113 (Admin) (18 January 2012)

Deputy Chief Ombudsman, R (on the application of) v French [2012] EWHC 113 (Admin) (18 January 2012)

The defendant's admitted failure to comply with a section 147 notice constituted a default justifying contempt proceedings. The court had jurisdiction as the relevant conduct occurred while the defendant was practising. A custodial sentence was warranted but suspended due to significant personal mitigation.

Citation
[2012] EWHC 113 (Admin)
Parties
Claimant: Deputy Chief Ombudsman (Mr Gary Garland); Defendant: Mr French
Jurisdiction
England and Wales
Judgment Date
18 January 2012
Procedural Posture
Judicial Review / Contempt Proceedings / Judgment After Hearing
Outcome
Sanction imposed; custodial sentence suspended; costs awarded to claimant.
Legal Topics
Legal Ombudsman Powers, Solicitor Misconduct, Contempt of Court, Compliance With Statutory Notice
Administrative Law Legal Profession Regulation Legal Ombudsman Powers Solicitor Misconduct Contempt of Court Compliance With Statutory Notice

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Parties

Deputy Chief Ombudsman (Mr Gary Garland)

Claimant

Mr French

Defendant

Procedural Posture

Judicial Review / Contempt Proceedings / Judgment After Hearing

Legal Issues

  1. 1 Whether the defendant failed to comply with a notice under section 147 of the Legal Services Act 2007
  2. 2 Whether the court has jurisdiction despite the defendant's suspension
  3. 3 What sanction is appropriate for the admitted default

Ratio Decidendi

The defendant's admitted failure to comply with a section 147 notice constituted a default justifying contempt proceedings. The court had jurisdiction as the relevant conduct occurred while the defendant was practising. A custodial sentence was warranted but suspended due to significant personal mitigation.

Court Disposition

Sanction imposed; custodial sentence suspended; costs awarded to claimant.

Orders

  • Defendant sentenced to 4 months' imprisonment, suspended for 12 months.
  • Defendant to pay claimant's costs assessed in the sum claimed.