The Law Society (Solicitors Regulation Authority)

The Law Society (Solicitors Regulation Authority)

The SRA has the power under paragraph 16 of Schedule 1 to the Solicitors Act 1974 to destroy redundant documents obtained during interventions, as destruction is reasonably necessary to facilitate the exercise of its statutory powers, reduce costs, comply with data protection requirements, and avoid interference with legal rights. The court grants an order permitting destruction of non-original documents in accordance with the SRA's document retention policy for all documents presently in its possession under paragraphs 9 and 10 of Schedule 1.

Parties
Claimant: The Law Society (Solicitors Regulation Authority)
Jurisdiction
England and Wales
Judgment Date
09 February 2015
Procedural Posture
Originating Summons / Final Judgment
Outcome
application granted in part
Legal Topics
Statutory Powers of Intervention, Document Destruction, Public Law Trust, Data Protection, Human Rights
Administrative Law Professional Regulation Property Law Statutory Powers of Intervention Document Destruction Public Law Trust Data Protection Human Rights

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Parties

The Law Society (Solicitors Regulation Authority)

Claimant

Procedural Posture

Originating Summons / Final Judgment

Legal Issues

  1. 1 Does the Law Society (SRA) have the power to destroy documents obtained during interventions without a court order?
  2. 2 Should the court grant an order for destruction of non-original documents held by the SRA under its document retention policy?

Ratio Decidendi

The SRA has the power under paragraph 16 of Schedule 1 to the Solicitors Act 1974 to destroy redundant documents obtained during interventions, as destruction is reasonably necessary to facilitate the exercise of its statutory powers, reduce costs, comply with data protection requirements, and avoid interference with legal rights. The court grants an order permitting destruction of non-original documents in accordance with the SRA's document retention policy for all documents presently in its possession under paragraphs 9 and 10 of Schedule 1.

Court Disposition

application granted in part

Orders

  • Order permitting destruction of non-original documents presently in the possession of the SRA under paragraphs 9 and 10 of Schedule 1 to the Solicitors Act 1974, in accordance with the SRA's document retention policy.
  • Immediate destruction of backlog and rolling destruction for the next 7 years as documents fall due under the policy.