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Solicitor

13 June 2014
Issue: 7610 / Categories: Case law , Law digest , In Court
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Coll v Floreat Merchant Banking Ltd and others [2014] EWHC 1741 (QB), [2014] All ER (D) 30 (Jun)

The court's jurisdiction over solicitors was conceptually very wide, being curtailed only to the extent that legislation limited it. The court had, in practice, imposed boundaries on the exercise of its own jurisdiction. The jurisdiction had both punitive and compensatory elements. However, given that solicitors were the subject of a comprehensive and sophisticated regulatory regime through the SRA, the jurisdiction would only usually be exercised where someone had lost out as a result of the solicitor’s conduct and the court was the appropriate forum to require that loss to be put right on a summary basis. The jurisdiction was therefore primarily compensatory, although in a disciplinary context. 

However, while misconduct was necessary, simply because there had been misconduct was not sufficient for the jurisdiction to be exercised. Whether the court intervened in a particular case was always a matter for the court’s discretion. Where another forum was more appropriate than the court for the investigation of misconduct by a solicitor

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NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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