In the Matter of the Solicitors Act 1974: Re A Solicitor (No 8 of 2002) (Alan Burdett)

Pending an appeal against regulatory conditions on a solicitor’s practising certificate, the court may grant interim relief where necessary to protect existing clients and the wider public interest. Relief may be made conditional, including by prohibiting the solicitor from seeking or conducting new business while permitting continuation of existing work. The court’s jurisdiction is ordinarily directed to the appellant whose practising certificate is subject to the condition. It cannot readily impose restrictions on new partners who are not parties to the application and have not had an opportunity to make representations.

A Law Society adjudicator imposed immediate conditions under section 13A of the Solicitors Act 1974 on the practising certificates of two solicitors whose partnership had broken down amid regulatory concerns. The Adjudication Panel upheld the decision on review but extended the commencement date. Mr Burdett appealed and sought interim relief so that he could continue practising in a proposed partnership with two solicitors who had previously been assistant solicitors in the firm.

The central issues were whether the conditions affecting Mr Burdett should be suspended pending the appeal and whether restrictions could also be imposed upon the proposed partners or the partnership itself.

1. Interim relief granted. The conditions affecting Mr Burdett were further suspended until the hearing of his appeal, subject to the condition that he must not undertake any new business. He could continue conducting the existing business of the firm.
2. The order was justified by the interests of current clients, who should not be left in limbo, and by the wider public interest. The court considered that the appeal should be listed urgently so that the proposed partnership could be assessed without an extended interim arrangement.
3. The proposed partnership involved two solicitors who were not parties to the proceedings and whose practising certificates were not themselves alleged to require restriction. The court therefore treated it as difficult to impose a condition which would directly control their conduct or prevent them from accepting new business.
4. The court distinguished between permitting Mr Burdett temporarily to practise with the proposed partners and authorising the proposed firm generally. Its jurisdiction was sufficient to continue Mr Burdett’s practice on terms governing his own conduct, but the court declined to vary the order so as indirectly to impose a broader restriction on the other partners.
5. Costs were reserved to the substantive appeal hearing.

• Law Society adjudicator: imposed conditions under section 13A of the Solicitors Act 1974 on the practising certificates of Mr Burdett and Mr Wood.
• Law Society Adjudication Panel: confirmed the adjudicator’s decision on review and extended the time for the conditions to take effect.
• Court of Appeal (Civil Division): suspended the conditions affecting Mr Burdett pending determination of his appeal, subject to an interim prohibition on new business.