Bax v Legal Practitioners Admissions Board

The applicant in this case, Bax, had previously been struck off the roll of solicitors due to professional misconduct. Bax sought readmission to the legal profession under section 34 of the Legal Profession Act 2007, a request opposed by the Legal Practitioners Admissions Board. The Board argued that Bax was not a fit and proper person for readmission, as defined by section 31(1) of the Act. The court had to determine whether Bax met the criteria for readmission, specifically whether he was a fit and proper person for such an admission.

The court examined the criteria for being considered a fit and proper person for readmission, including the nature of the previous misconduct, the time elapsed since the misconduct, and any evidence of rehabilitation or change in character. The Board presented evidence of Bax's past misconduct, which involved serious breaches of professional conduct, including dishonesty and breaches of trust. The court had to weigh this evidence against any evidence of rehabilitation or changed circumstances presented by Bax. The Board also argued that Bax's past conduct demonstrated a lack of suitability for readmission, given the seriousness of the previous misconduct.

After considering the evidence and arguments presented, the court found that Bax had not demonstrated sufficient rehabilitation or changed character to warrant readmission. The court was particularly influenced by the nature and gravity of Bax's previous misconduct, which indicated a continued risk of similar behaviour in the future. The court concluded that Bax did not meet the criteria for being considered a fit and proper person under section 31(1) of the Act. Therefore, the application for readmission was dismissed.

The orders of the court were that the application for readmission was dismissed and that the parties were to file and serve any submissions as to costs by 5 pm on 21 May 2021. This decision underscores the stringent criteria that must be met for readmission to the legal profession following a strike-off due to professional misconduct.