CHANCERY DIVISION
7 Rolls Buildings, Fetter Lane London, EC4A 1NL |
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B e f o r e :
(sitting as a Deputy Judge of the High Court)
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THE LAW SOCIETY OF ENGLAND AND WALES |
Claimant/Applicant |
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-and- |
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DIXIT SHAH (also known as SANJAY SHAH) |
Defendant/Respondent |
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CHRISTOPHER HEATHER (Instructed under the Chancery Bar Litigant in Person Support Scheme) appeared on behalf of the Defendant/Respondent
Hearing dates: 13-14 November 2014
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Crown Copyright ©
Mr Tim Kerr QC:
Introduction
(1) holding himself out as a solicitor or
(2) undertaking any reserved legal activities (as defined in section 12 of the Legal Services Act 2007) through any body authorised by the Solicitors Regulation Authority ("SRA"), or
(3) being employed by or remunerated by, or managing or controlling the practice of, a solicitor or any body regulated by the Law Society without the prior written permission of the Law Society being given to such solicitor or body.
The Facts
The Statutory Provisions
(4) If any solicitor acts in contravention of this section or of any conditions subject to which a permission has been granted under it, the Tribunal or, as the case may be, the High Court may—
(a) order that his name be struck off the roll,
(b) order that he be suspended from practice for such period as the Tribunal or court thinks fit, or
(c) make such other order in the matter as it thinks fit.
(1) Any person duly admitted as a solicitor shall be an officer of the Senior Courts;
(2) Subject to the provisions of this Act, the High Court, the Crown Court and the Court of Appeal respectively, or any division or judge of those courts, may exercise the same jurisdiction in respect of solicitors as any one of the superior courts of law or equity from which the Senior Courts were constituted might have exercised immediately before the passing of the Supreme Court of Judicature Act 1873 in respect of any solicitor, attorney or proctor admitted to practise there.
(3) An appeal shall lie to the Court of Appeal from any order made against a solicitor by the High Court or the Crown Court in the exercise of its jurisdiction in respect of solicitors under subsection (2).
The Issues: Reasoning and Conclusions
A right to obtain an interlocutory injunction is not a cause of action. It cannot stand on its own. It is dependent upon there being a pre-existing cause of action against the defendant arising out of an invasion, actual or threatened by him, of a legal or equitable right of the plaintiff for the enforcement of which the defendant is amenable to the jurisdiction of the court. … It is granted to preserve the status quo pending the ascertainment by the court of the rights of the parties and the grant to the plaintiff of the relief to which his cause of action entitles him, which may or may not include a final injunction.
can show that a property interest of his is being interfered with by a criminal act, and [emphasis in original] that the statute creating the offence was passed for the benefit or protection of a particular class of individuals including the claimant, the court may grant a prohibitory injunction restraining the defendant from damaging the claimant's interest … .
do anything that a natural person could lawfully do, with all the consequences that flow in private law from doing it; and in deciding how to act on behalf of the Society in this capacity the Council's only duty is one owed to the Society's members to do what it believes to be in the best interest of those members; and for the way in which it performs that duty the Council is answerable to those members alone.
Conclusion