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13 June 2014
Issue: 7610 / Categories: Case law , Law digest , In Court
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Solicitor

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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MOVERS & SHAKERS

Ogier—Martin Livingston

Ogier—Martin Livingston

Martin Livingston joins Ogier in Cayman to strengthen regulatory support

Blake Morgan—47 promotions

Blake Morgan—47 promotions

Blake Morgan announces 47 summer promotions across UK offices

NEWS
Consultant-led law firms should prepare for closer regulatory attention as oversight evolves
Artificial intelligence may draft workplace grievances, but employers cannot treat them any differently from conventional complaints
From dishonest claimants to judicial promotions and procedural skirmishes, the latest legal developments offer plenty for litigators to digest
Fresh guidance is set to influence how courts decide whether hearings take place online or in person
County Court judges remain divided over whether landlords can lawfully force entry to carry out essential safety inspections after tenants ignore access injunctions
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