Jacobus Johannes Swart
Employee
7001177

Decision - Employee-related decision

Outcome: Control of non-qualified staff (Section 43 / Section 99 order)

Outcome date: 24 June 2024

Published date: 10 July 2024

Firm details

Firm or organisation at time of matters giving rise to outcome

Name: Clifford Chance LLP

Address(es): 10 Upper Bank Street London E14 5JJ

Firm ID: 447778

Outcome details

This outcome was reached by SRA decision.

Decision details

Who does this decision relate to?

Jacobus Johannes Swart whose last known UK address was in London.

A person who is or was involved in a legal practice but is not a solicitor.

Summary of decision

The SRA has put restrictions on where and how Jacobus Johannes Swart can work in an SRA regulated firm. It was found that Mr Swart, who is not a solicitor, was involved in a legal practice and has occasioned or been a party to an act or default which involved such conduct on his part that it is undesirable for him to be involved in a legal practice in any of the ways described in the order below.

Reasons/basis

The facts of the case

Mr Swart is a South African lawyer. He is not an England & Wales qualified solicitor and is not a Registered Foreign Lawyer.

He was employed by Clifford Chance LLP in its London office as an associate or equivalent between 10 January 2022 and 11 March 2022.

The firm held a social event on 25 February 2022. At that event, it was found that Mr Swart engaged in conduct towards a colleague that was inappropriate and/or unwanted and/or sexually motivated.

The firm launched an investigation and suspended Mr Swart while this was ongoing. However, Mr Swart resigned from the firm before the disciplinary hearing took place. The firm reported the matter to the SRA on 14 March 2022. No current address is held for Mr Swart. It is believed that he may have moved back to South Africa.

Decision on outcome

An order pursuant to section 43(2) of the Solicitors Act 1974 was imposed as Mr Swart's conduct meant that it was undesirable for him to be involved in a legal practice without the SRA's prior approval.

Mr Swart's conduct was serious because during a work event he touched a colleague in an inappropriate and/or unwanted and/or sexually motivated manner without consent, causing them distress. His behaviour had a long term impact on them.

Mr Swart was also ordered to pay a proportion of the SRA's costs of £1,350.

Other information

What our Section 43 order means

1. no solicitor shall employ or remunerate Mr Swart in connection with his practice as a solicitor;
2. no employee of a solicitor shall employ or remunerate Mr Swart in connection with the solicitor's practice;
3. no recognised body shall employ or remunerate Mr Swart;
4. no manager or employee of a recognised body shall employ or remunerate Mr Swart in connection with the business of that body;
5. no recognised body or manager or employee of such a body shall permit Mr Swart to be a manager of the body; and
6. no recognised body or manager or employee of such a body shall permit Mr Swart to have an interest in the body

except in accordance with the SRA's prior written permission.

Decision - Employee-related decision

Outcome: Approval of employment (section 43)

Outcome date: 31 May 2024

Published date: 11 July 2024

Firm details

Firm or organisation at date of publication

Name: Newnham & Jorday Solicitors Ltd

Address(es): Peartree Business Centre, Cobham Road, Wimborne BH21 7PT

Firm ID: 552046

Outcome details

This outcome was reached by SRA decision.

Decision details

Newnham & Jordan Solicitors Ltd (SRA number 552046) have been granted permission under Section 43 of the Solicitors Act 1974 to employ Neil Adams as a Filex subject to the following conditions:

1. Mr Adams' work is at all times supervised by Fiona Pawsey (SRA number 496026) and in her absence by Angela Newnham (SRA 553035).
2. Mr Adams' employment at the firm is limited to that as outlined by them in their initial application dated 11 April 2024 and their subsequent emails dated 12 April 2024, 28 May 2024 and 29 May 2024.
3. Mr Adams' supervision is as per the details provided to us by the firm in their initial application dated 11 April 2024 and their subsequent emails dated 12 April 2024, 28 May 2024 and 29 May 2024.
4. Mr Adams is not responsible for the supervision of other staff.
5. Mr Adams attends weekly review meetings.
6. Mr Adams does not undertake any pro-bono work.
7. Mr Adams does not have access to any office or client account, is not a signatory to any office or client account.
8. Any proposed variation to Mr Adams' duties, or arrangements as to his supervision are notified to us in advance of the change taking place and that the variation must not take place until permission is granted by us.
9. This approval will lapse if Mr Adams' employment with the firm is terminated or if Mr Adams leaves the firm.
10. This approval and the conditions attached to it are subject to review at the absolute discretion of the SRA.

Reasons/basis

Neil Adams was made subject to an order under section 43 of the Solicitors Act 1974 on 8 April 2024. In accordance with section 43 of the Solicitors Act 1974, any solicitor wishing to employ or remunerate him in connection with their practise as a solicitor must obtain our approval. The SRA is satisfied that the above employment will not put public confidence in the administration of justice and the provision of legal services or the interests of clients at risk.