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Solicitor

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

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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