Will circumstances ever arise where a regulated person is
able to succeed in a negligence claim against a regulator? This issue was
recently considered in the case of Miller v Law Society (The
Times, 3 June 2002), in the context of an allegedly negligent
investigation of a solicitor’s practice.
The decision in Miller v Law Society
Mr Miller was a solicitor in sole practice. In August 1996, the Law
Society appointed an investigating accountant to inspect Mr Miller’s
accounts. The accountant reported that the books did not comply with the
Solicitors Accounts Rules.
In October 1997, the Law Society intervened in Mr Miller’s practice,
with the result that his funds were vested in the Society and his
practising certificate suspended. Under the Solicitors Act 1974, Mr Miller
had 8 days in which to give the Society 48 hours’ notice and then issue an
application in the High Court to
