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Discipline - Powers of Law Society - Struck of solicitor prevented by interim injunction from holding himself out as solicitor or undertaking activities which would breach regulatory regime - Society seeking to have interim injunction made permanent - Whether Society able to invoke court's inherent or supervisory jurisdiction - Solicitors Act 1974, ss 41(4)(c) (as amended by the Legal Services Act 2007), 50 Law Society of England and Wales v Shah [2014] EWHC 4382 (Ch); [2015] WLR (D) 5

27 January 2015

Ch D: Tim Kerr QC sitting as a deputy High Court judge

• 12 January 2015

The supervisory jurisdiction embodied in section 50 of the Solicitors Act 1974 could not be invoked by the Law Society in the case of a solicitor who may have pretended to be one, but who had not necessarily done so, who denied doing so, and had not been cross-examined on the issue. Section 41(4)(c) of the 1974 Act was wide enough to enable the court to grant an order against a struck off former solicitor, which could be framed so as to restrain him from committing criminal acts, namely that of acting as a solicitor when disqualified, or carrying on a reserved legal activity without entitlement to do so.

Tim Kerr QC sitting as a deputy High Court judge so held in the Chancery Division on an application by the claimant, the Law Society of England and Wales, for a permanent injunction against the defendant, Want to read on?

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