Prominent criminal defence solicitor Karen Todner has issued judicial review proceedings over her unsuccessful bid to have a Solicitors Regulation Authority prosecution thrown out.
In July, the SRA announced that it had decided to refer Todner to the Solicitors Disciplinary Tribunal over allegations of financial mismanagement when she was at her former firm, Kaim Todner Solicitors Limited. The allegations have not been proven.
In a case management hearing last November, Todner asked the tribunal to stay proceedings on the grounds that there had been an abuse of process. She told the tribunal that, in July 2020, an 'authorised decision-maker' at the SRA decided not to refer the matter to the tribunal. Five months later ‘exactly the same material’ was put before a second decision-maker who decided to make a referral. The regulator argued that the first authorised decision-maker effectively adjourned the matter for further consideration.
The tribunal ruled that Todner's application did not succeed and that the case should continue to a final hearing.
In her grounds for judicial review, Todner submits that the SRA acted contrary to its own regulations and guidance. She says the regulator sought to revisit a decision by an authorised decision-maker that there was no case against her without fresh evidence and that the second authorised decision-maker was also a legal adviser in her case.
The SDT told the Gazette that it was aware of the judicial review proceedings and had no comment to make. The SRA also declined to comment.
Todner came to national prominence when she represented ‘Pentagon hacker’ Gary McKinnon.
