A judge has given a once-prominent former solicitor ‘one final opportunity’ to purge contempt and avoid another prison term over a long-running dispute with the regulator. 

Adjourning judgment in relation to sanctions against Soophia Khan, Mr Justice Leech said ‘he was not proposing to kick the can down the road’. Handing down judgment in Solicitors Regulation Authority Limited v Khan & Ors this morning Leech told the court he had given weight to a psychiatric report and a doctor’s statement that further evaluation was necessary.

The judgment is the latest in a long legal battle between the regulator and Khan over documents that were not handed over during an intervention into Khan’s former firm. Khan told a previous hearing she no longer had any of the sought-after items in her possession. 

At today’s hearing, the judge said he was minded to adjourn judgment in relation to sanctions 'to give Miss Khan a very last chance to purge contempt.' He added: 'Given quite strong findings made against her in relation to findings of liability, she can imagine what I might order if she does not purge contempt.'

Leech said: ‘Miss Khan has been to prison once already in relation to this one contract, if I can avoid sending her to prison for a long time again then I would like to take that opportunity. I still have to sentence her for the past contempt.’

James Bogle, for Khan, said: 'My learned friend suggests this is a strategy, if so it is a weak strategy. All [we are] asking is for a short period of time. Your lordship is not going to allow this to be a can kicked out in the road. If my client were to purge contempt, you might take a different view on sentence.’

Leech said: ‘This morning I handed down reserved judgment. The issue now… [is] whether to deal with sanction this morning or whether I should adjourn it to enable Miss Khan to put in further evidence and also to give her one final opportunity to purge her contempt. This issue arises in this way in my judgment, I made detailed findings of contempt against Miss Khan but accept evidence of an expert psychiatrist in relation to Miss Khan’s mental condition…[in the report the doctor says] further assessment is needed. In my judgment I accepted his evidence but did not consider it went to liability, I do however consider it goes to the question of sanction.’

The court heard that Khan, who has been ‘given several opportunites to purge contempt and chosen not to do so,’ had ‘already admitted breach of the order’ and ‘should have been prepared to deal with issues of sanction.’ Additional evidence, namely a further medical assessment, would be ‘likely to make some effect on the judgment.’

Leech gave Khan, through Bogle, ‘fair warning’ of what would happen if she does not purge her contempt.

Judgment in relation to sanctions against Khan was adjourned for a date in a few weeks’ time.

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