A north London sole practitioner last month made the first ever successful High Court challenge to a Law Society intervention in a practice, the Gazette has learned.
The Society intervened in Anal Sheikh's high street practice in Willesden in February, on the basis that it had reason to suspect dishonesty and breaches of the accounts rules. It subsequently decided it also had reason to suspect breaches of the practice rules.
Ms Sheikh, represented by London firm RadcliffesLeBrasseur, challenged the intervention, arguing that on the evidence available at the time, the professional regulation adjudication panel was not justified in making its decision. She also said the evidence did not justify continuing the intervention.
Mr Justice Park upheld her application to withdraw the notice of intervention, although he is still to hand down reasons.
The practice has not yet reopened, and a hearing will take place this week to consider the consequences of the decision and the status of the conditions on Ms Sheikh's practising certificate, imposed following the intervention.
A Law Society spokesman said that once it has received the full judgment, it will consider an appeal.
Radcliffes partner Paul Saffron said Ms Sheikh has 'demonstrated an exceptional degree of courage to take this case so far'.
He said they have yet to see how much damage the intervention has done to her practice, and that they would consider seeking compensation - although because such a challenge has never succeeded before, he said it is not clear whether such a cause of action exists.
Mr Saffron added that the intervention power is necessary. 'But the Law Society should be very careful about the way the power is exercised, given the catastrophic consequences for practices,' he said.
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