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12 February 2016 / Peter Breakey
Issue: 7686 / Categories: Features , Regulatory
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Don’t put it in writing?

Peter Breakey reports on the SRA clampdown on private correspondence

A recent decision of the Solicitors Disciplinary Tribunal (SDT) has provided a useful reminder to solicitors of the need to exercise caution whenever they send an e-mail, even if they believe they are engaged in private correspondence. The same decision also considered the relationship between principles and outcomes in the Solicitors Regulation Authority (SRA) Code of Conduct 2011 (the Code) and raised what some may consider to be the rather menacing and Orwellian prospect of the SRA pursuing solicitors for “thought crime”.

Case No. 11380-2015, Solicitors Regulation Authority v Brough, Chaudhary and Story, concerned three former partners of London firm, OH Parsons and Partners. Over a period of around 12 months in 2010 and 2011, while they were still at the firm, they had exchanged a series of e-mails which contained “inappropriate and offensive” comments. The precise contents of the e-mails were not disclosed but they included “abusive, disparaging and insulting comments about colleagues”, contained “sexual and racial references” and included comments about

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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