SOLICITORS REGULATION AUTHORITY LIMITED v SOPHIE KHAN & Ors.

SOLICITORS REGULATION AUTHORITY LIMITED v SOPHIE KHAN & Ors.

The SRA is entitled to a fresh order requiring compliance with the 21 September 2021 order, as the application constitutes a new order and not merely a variation. Client consent is not a precondition for delivery up of documents in an intervened practice, and access to email accounts is necessary for proper compliance, subject to dispute resolution mechanisms for non-listed items.

Parties
Claimant: Solicitors Regulation Authority Limited; First Defendant: Sophie Khan; Second Defendant: Sophie Khan & Co.; Third Defendant: Just For Public Limited
Jurisdiction
England and Wales
Judgment Date
27 April 2022
Procedural Posture
Interim Application / Ruling on Application for Fresh Compliance Order
Outcome
application granted
Legal Topics
Solicitors Intervention, Contempt of Court, Delivery Up of Documents, Variation of Court Orders
Regulatory Law Professional Discipline Civil Procedure Solicitors Intervention Contempt of Court Delivery Up of Documents Variation of Court Orders

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Parties

Solicitors Regulation Authority Limited

Claimant

Sophie Khan

First Defendant

Sophie Khan & Co.

Second Defendant

Just For Public Limited

Third Defendant

Procedural Posture

Interim Application / Ruling on Application for Fresh Compliance Order

Legal Issues

  1. 1 Whether the SRA is entitled to a fresh order for compliance with the 21 September 2021 order
  2. 2 Whether client consent is required for delivery up of documents
  3. 3 Appropriateness of access to email accounts for listed items

Ratio Decidendi

The SRA is entitled to a fresh order requiring compliance with the 21 September 2021 order, as the application constitutes a new order and not merely a variation. Client consent is not a precondition for delivery up of documents in an intervened practice, and access to email accounts is necessary for proper compliance, subject to dispute resolution mechanisms for non-listed items.

Court Disposition

application granted

Orders

  • A fresh order in the same terms as paragraphs 1-5 of the 21 September 2021 order to be made, with new fixed dates for compliance.
  • Mechanism for resolving disputes as to whether particular emails are listed items to be included in the order.