A judge said he had ‘no hesitation’ in making an extended civil restraint order against a former solicitor who ‘persistently makes applications that have been certified as totally without merit’.
The Honourable Mr Justice Murray in Farid El Diwany v Solicitors Regulation Authority made the order to cover any matter that is a direct or indirect consequence of the disciplinary proceedings that led to the 2019 SDT decision to strike El Diwany off the roll. If El Diwany wants to make a claim or application he must obtain permission under the ECRO for a period of three years.
The judge said: ‘I am satisfied that the risk that the ECRO is aimed at addressing will persist for at least that period of time, if not longer, having regard to the history of these matters.’
El Diwany was struck off in 2019 after the SRA became aware he had harassment convictions in Norway in 2001 and 2003. Since then, El Diwany had brought a number of High Court actions in a fight to be restored to the roll.
The judge said: ‘Mr El Diwany persistently makes applications that have been certified as totally without merit. I am satisfied that it has been objectively established by the evidence before me, including the witness statements of both parties and their various attachments, that there is a significant risk that Mr El Diwany will continue to issue further claims and/or make further applications in relation to matters arising out of or connected to the SRA disciplinary proceedings that are totally without merit and, therefore, an abuse of the court’s process.’
El Diwany had two ECROs made against him which will each expire on 18 January 2024 in relation to proceedings brought against the Judicial Appointments and Conduct Ombudsman.
Murray added that further background, including articles in the Law Society Gazette and correspondence sent by El Diwany to Capsticks LLP and the SRA ‘reinforced’ his assessment that ‘there is a material risk that if an ECRO is not made, Mr El Diwany will make further applications that are totally without merit’.
He said: ‘In light of the foregoing, I have no hesitation in concluding that it is just to make an ECRO against Mr El Diwany.’
Finishing his judgment, he acknowledged the ‘vile Islamophobic abuse’ El Diwany has previously told the court he has been subject to in Norway.
Murray said: ‘I wish to make clear that I have no reason to doubt that Mr El Diwany has been the subject of vile Islamophobic abuse in Norway. Any such abuse is inexcusable, must be condemned, and I do condemn it.
‘That unfortunate history, however, is not relevant to my determination of the application. I cannot, for these limited purposes, re-open decisions that have already been made, against which there has been no successful appeal.’
El Diwany has told the Gazette he plans to appeal.
