CHANCERY DIVISION
IN THE MATTER OF THE SOLICITORS ACT 1974
Strand, London. WC2A 2LL |
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B e f o r e :
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ANDREW ROY WILLIAMS |
Claimant |
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- and - |
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THE LAW SOCIETY OF ENGLAND AND WALES (SOLICITORS REGULATION AUTHORITY) |
Defendant |
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Timothy Dutton QC (instructed by Russell-Cooke LLP) for the Defendant Hearing dates: 12 May and 17 June 2015
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Crown Copyright ©
Sir William Blackburne:
Introduction
The issue
The wider picture
The material provisions
"6(1) Without prejudice to paragraph 5, if the Society passes a resolution to the effect that any sums of money to which this paragraph applies, and the right to recover or receive them, shall vest in the Society, all such sums shall vest accordingly (whether they were received by the person holding them before or after the Society's resolution) and shall be held by the Society on trust to exercise in relation to them the powers conferred by this Part of this Schedule and subject thereto and to rules made under paragraph 6B upon trust for the persons beneficially entitled to them.
(2) This paragraph applies - (a) where the powers conferred by this paragraph are exercisable by virtue of paragraph I to all sums on money held by or on behalf of the solicitor or his firm in connection with - (i) his practice or former practice, (ii) any trust of which he is or formerly was a trustee, or (iii) any trust of which a person who is or was an employee of the solicitor is or was a trustee in the person's capacity as such an employee;..."
The submissions
Conclusion
Result