SOLICITORS REGULATION AUTHORITY v SOOPHIA KHAN & Ors

SOLICITORS REGULATION AUTHORITY v SOOPHIA KHAN & Ors

Ms Khan, as a director or employee of JFP, is not entitled to carry on reserved legal activities unless she is authorised or exempt under the Legal Services Act 2007. The entitlement of a not for profit body under s.23 does not extend to its employees or directors unless they are individually authorised or exempt. There is a real risk of Ms Khan continuing to breach the law, and alternative remedies have failed. The SRA has standing to seek injunctive relief, and an injunction is necessary and appropriate to restrain further breaches.

Parties
Claimant: Solicitors Regulation Authority; Defendant: Soophia Khan; Defendant: Sophie Khan & Co Limited; Defendant: Just For Public Limited
Jurisdiction
England and Wales
Judgment Date
11 November 2021
Procedural Posture
Civil / Application for Injunctive Relief
Outcome
Injunction granted
Legal Topics
Solicitor Regulation, Intervention in Legal Practice, Reserved Legal Activities, Injunctions, Standing to Seek Injunctions
Regulatory Law Legal Profession Solicitor Regulation Intervention in Legal Practice Reserved Legal Activities Injunctions Standing to Seek Injunctions

Case Brief

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Parties

Solicitors Regulation Authority

Claimant

Soophia Khan

Defendant

Sophie Khan & Co Limited

Defendant

Just For Public Limited

Defendant

Procedural Posture

Civil / Application for Injunctive Relief

Legal Issues

  1. 1 Whether Ms Khan, as director/employee of JFP, can lawfully carry on reserved legal activities after suspension of her practising certificate
  2. 2 Whether the SRA has standing to seek injunctive relief to restrain breaches of the Legal Services Act 2007
  3. 3 Whether injunctive relief should be granted to restrain Ms Khan and JFP from carrying on reserved legal activities

Ratio Decidendi

Ms Khan, as a director or employee of JFP, is not entitled to carry on reserved legal activities unless she is authorised or exempt under the Legal Services Act 2007. The entitlement of a not for profit body under s.23 does not extend to its employees or directors unless they are individually authorised or exempt. There is a real risk of Ms Khan continuing to breach the law, and alternative remedies have failed. The SRA has standing to seek injunctive relief, and an injunction is necessary and appropriate to restrain further breaches.

Court Disposition

Injunction granted

Orders

  • Ms Khan is restrained from carrying on any reserved legal activity unless and until she has a valid practising certificate.
  • JFP is restrained from carrying on any reserved legal activity through Ms Khan unless and until she has a valid practising certificate.