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08 December 2011
Issue: 7493 / Categories: Case law , Law digest , In Court
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Solicitors

Thobani v Solicitors Regulation Authority [2011] All ER (D) 12 (Dec)

In relation to an application by a solicitor to be restored to the roll following an earlier finding that she was guilty of acting dishonestly, it was for a specialist tribunal to judge whether the circumstances justified re-admission. The court should be slow to disagree with a decision of the Solicitors Disciplinary Tribunal (SDT), absent an error of law. While the High Court had an appellate jurisdiction, it would not be appropriate for a judge of the High Court to substitute his own view that he might have taken a different course. There would have to have been strong grounds for disagreeing with the view of a specialist tribunal. The SDT was required to consider the past conduct and evaluate the future risk if the appellant were restored to the roll, including the potential impact on the public confidence in the profession, which was a matter of cardinal importance.
 

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Birketts—Nathan Evans

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Firm strengthens securities practice with partner return

NEWS

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Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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