Solicitor battles closure of firm

A solicitor from Luton will this week challenge the Law Society's power to intervene in and close down law firms on the basis that it breaches the European Convention on Human Rights.

Michael Harvey, advised by former Law Society official Andrew Lockley, now with national firm Irwin Mitchell, is bringing the High Court challenge on the grounds that he was denied the opportunity to put his case before his firm was closed down.

The Society began investigating Luton firm Harveys in December 2000.

The investigation centred on its work for an offshore finance group which is now in administration.

In December 2001, the office was closed down by the Society, which removed all client files and froze the firm's bank accounts.

As a result, Mr Harvey's practising certificate was automatically suspended.

He is now on income support and his judicial review of the intervention is funded by legal aid.

The firm was closed on the grounds of suspected dishonesty.

Mr Harvey denies dishonesty, and argues that he had no opportunity to say so before the 'catastrophic closure' of his business.

The court hearing will determine whether there was reason to suspect dishonesty and maintain the intervention.

Mr Harvey faces a Solicitors Disciplinary Tribunal hearing in April.

Mr Harvey claims that the decision to intervene was in fact made by one person.

In addition to the human rights issue, his lawyers will argue that the Society's powers do not allow one individual to take such a decision.

Earlier this month, the Court of Appeal reinstated a master's decision to dismiss the first human rights challenge to the intervention process on the grounds that it had no prospect of success.

The initial decision had been overturned by the High Court last August.

The solicitor involved had argued that the right to peaceful enjoyment of possessions could apply to interventions.

A spokesman for the Office for the Supervision of Solicitors said it would be inappropriate to comment on an ongoing case.

Neil Rose