Briefing quick find:

SRA – Change in the law on dishonesty

The law relating to dishonesty has recently changed. In Ivey v Genting Casinos [2017] UKSC 67 the Supreme Court set out the test for dishonesty in the following way: ‘When dishonesty is in question the fact-finding tribunal must first ascertain (subjectively)…

SRA warning notice: Holiday sickness claims

The Solicitors Regulation Authority (SRA) is investigating solicitors firms which have acted for claimants on holiday sickness claims. That follows the disquiet expressed by the government, ABTA and tour operators on false claims. Solicitors should be prepared for a detailed…

Solicitors Journal – Wildcard regulators

Protection of confidentiality and privilege is a principal tenet of legal practice. In an era of cloud computing, ransomware attacks, and perpetual concern about cybersecurity, ensuring that information given to and held by solicitors is secure is of paramount importance. Confidential…

Brexit, the Human Rights Act and disciplinary proceedings

This article dispels any concern that the Human Rights Act 1998 (HRA 1998) might be abolished by Brexit and looks at the effect which the Act has on disciplinary proceedings. The European Convention on Human Rights There is no direct connection between the European Convention…

Solicitors Journal – Is there a better way than intervention?

Intervention, the death knell for a law firm, is the most draconian and irreversible measure in the SRA’s regulatory arsenal. Usually treated as a single whole, in fact intervention describes a bundle of rights which the SRA may invoke to take control of client funds and files, suspend practising certificates, and vest in…

Solicitors Journal – Planning for the unexpected

Conveyancing solicitors may find themselves rather scratching their heads over the recent decisions dealing with conveyancing transactions which failed because the seller was a fraudster. Although the direction of travel of the law on warranty of authority may be welcome, in that solicitors are not being asked to guarantee the identity of their…

When do solicitors fail to uphold the rule of law?

The SRA and SDT must establish a clear definition of principle 1, so that solicitors aren’t punished twice in different jurisdictions for the same act, argues Susanna Heley for the Solicitors Journal. There should be nothing objectionable about principle 1 of…

SRA and SDT’s dispute over disciplinary powers

Contradictions abound in the regulator’s use of section 43 orders and its powers to impose fines and rebukes on solicitors’ employees, writes Susanna Heley for the Solicitor’s Journal. The Solicitors Regulation Authority (SRA) has made relatively sparing use of its powers…