Legal Ombudsman, R (on the application of) v Young

Legal Ombudsman, R (on the application of) v Young

The court proceeds on the basis of undertakings by the defendant to cooperate with the Ombudsman, search for and locate relevant files, and keep contact details updated. The matter is adjourned for review, with costs awarded to the claimant.

Parties
Claimant: Legal Ombudsman; Defendant: Young
Jurisdiction
England and Wales
Judgment Date
27 May 2011
Procedural Posture
Judicial Review / Interlocutory Application; Adjournment With Undertakings
Outcome
Application adjourned; undertakings recorded; costs awarded to claimant; liberty to apply granted to both parties.
Legal Topics
Compliance With Ombudsman Notices, Contempt of Court, Costs Orders
Administrative Law Legal Profession Regulation Compliance With Ombudsman Notices Contempt of Court Costs Orders

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Parties

Legal Ombudsman

Claimant

Young

Defendant

Procedural Posture

Judicial Review / Interlocutory Application; Adjournment With Undertakings

Legal Issues

  1. 1 Whether the court should enquire into the Ombudsman's application
  2. 2 Whether the defendant should be dealt with for failure to comply with a section 147 notice
  3. 3 How the court should deal with the defendant's non-compliance

Ratio Decidendi

The court proceeds on the basis of undertakings by the defendant to cooperate with the Ombudsman, search for and locate relevant files, and keep contact details updated. The matter is adjourned for review, with costs awarded to the claimant.

Court Disposition

Application adjourned; undertakings recorded; costs awarded to claimant; liberty to apply granted to both parties.

Orders

  • Defendant to take all reasonable steps to search for and locate but not take possession of all outstanding files and documents referred to in the section 147 notice dated 14 January 2011.
  • Defendant to cooperate with and assist the claimant in investigating Mr and Mrs Weston's complaint and any other complaint made about the defendant to the Ombudsman.