Source: All England Reporter
Publisher Citation: [2002] All ER (D) 378 (Jul)
Neutral Citation: [2002] EWHC 1559 (Ch)
Court: Chancery Division
Judge:

Peter Smith J
Representation Philip Engelman and Roger Pezzani (instructed by Teacher Stern Selby) for the claimant.
  Timothy Dutton QC (instructed by Wright Son & Pepper) for the defendant.
Judgment Dates: 25 July 2002

Catchwords

Solicitor - Dishonesty - Intervention by Law Society in solicitor's practice - Resolution and notice vesting in Law Society moneys held by solicitor - Solicitor applying for withdrawal of notice - Solicitor providing evidence of work in progress - Whether intervention depriving solicitor of his peaceful enjoyment of his possessions - Whether solicitor's appeal should be allowed - European Convention on Human Rights, art 1 of First Protocol.

The Case

Balancing the rights of the individual against the rights of the public and the State interest in seeing that the conduct of solicitors was maintained to the highest professional standards of integrity, the power of intervention was a necessary power and the power itself was not contrary to the . However, that power under the could in some cases infringe the right to possession under art1 of Pt2 of the First Protocol to the European Convention on Human Rights, but it was essentially a question of fact and degree in each case.

Practice Areas

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