Mendes v Solicitors Regulation Authority [2014] EWHC 1996 (Ch), [2014] All ER (D) 163 (Jun)
Schedule 1 to the Solicitors Act 1974 set out the Solicitors’ Regulatory Authority’s statutory grounds for the exercise of the powers of intervention into a solicitor’s practice, one of which was where there was reason to suspect dishonesty on the part of a solicitor in connection with that solicitor’s practice. A solicitor might challenge an intervention by following the procedure set out in paras 6(4), 9(8) and 9(9) of Sch 1 of the 1974 Act. Where a solicitor made a challenge to an intervention the essential enquiry for the court was to decide: (i) if there were statutory grounds for the intervention; and (ii) whether the intervention notice should be ordered to be withdrawn (see Sheikh v Law Society [2007] 3 All ER 183).
The facts of the particular case demonstrated that there was no reasonable prospect of the claimant being able to show good grounds for challenging the intervention. The SRA had established beyond any doubt that there were grounds for the decision to intervene, and that the challenge to the
