The widow of a “giant of the legal profession in Birmingham” has lost her appeal against a 28-day suspended prison sentence for contempt.
Sophie Fleming was previously found to have harassed the executors of her solicitor husband Brendan Fleming’s £8 million estate.
In proceedings at the High Court in January, His Honour Judge Tindall described Mr Fleming as “larger than life, perhaps one of the most recognisable and well-respected solicitors in Birmingham’s legal community for 40 years”.
Judge Tindall sentenced Ms Fleming to imprisonment for a period of 28 days, suspended until 26 January 2028, for 27 breaches of two harassment orders aimed at protecting the executors of Mr Fleming’s estate.
Mr Fleming unexpectedly passed away in December 2023 at the age of 75, leaving his company, Brian Fleming Ltd (BFL), a specialist family law firm in Birmingham, valued at £2.4 million.
Ms Fleming is the mother of six children by Mr Fleming and is believed to reside between Turkey and Northern Ireland.
According to his last will dated 4 December 2020, the executors of Mr Fleming’s estate were his accountant, Richard Wood, and Rebecca Ward, a colleague at BFL. There were pecuniary legacies to a number of people, and 50% of BFL was left to Ms Ward, while the other 50% fell into residue.
Under the terms of the will, Ms Fleming’s only interest was a right to occupy some Turkish property. The residue was placed on trust for Mr and Ms Fleming’s children.
Fiona Lawrence and Michelle Rose, both partners at Bristol law firm VWV, were later appointed as interim administrators.
On 8 January 2024, the executors applied without notice for an order under section 125 of the Companies Act 2006 for Mr Fleming to be replaced as the sole shareholder in BFL by themselves in their capacity as executors in order for them to pass an ordinary resolution appointing Ms Ward as a director. This was in order to enable BFL to continue to trade in circumstances where the Solicitors Regulation Authority had raised concerns about the lawfulness of BFL doing so.
The application was heard by HHJ Rawlings sitting as a Judge of the High Court in the Business and Property Courts in Birmingham, who made the order sought upon the executors undertaking to apply for probate of Mr Fleming’s will as soon as possible.
Ms Fleming subsequently made applications to court on the grounds that Mr Fleming was domiciled in Turkey and the will was not valid in Turkey. Ms Fleming also said the court had no jurisdiction to replace shareholders of BFL, claiming the executors had exhibited a redacted copy of the will in order to conceal the fact that it gave Mr Fleming’s address in Turkey and referred to properties in Turkey.
On 5 May 2024, Ms Fleming applied for permission to bring an application for contempt of court against the executors on various grounds. On 3 June 2024, Ms Fleming and her children applied under section 50 of the Administration of Justice Act 1985, alternatively section 116 of the Senior Courts Act 1981, for the will to be declared invalid and for the executors to be removed.
Meanwhile, Ms Fleming had been sending seriously abusive and defamatory messages and threats to the executors of her husband’s will, and to staff at BFL, and posting similar messages on social media.
The executors subsequently applied for Ms Fleming to be committed to prison for contempt of court by multiple breaches of the executors’ order.
Following Judge Tindall’s sentencing in January 2026, Ms Fleming appealed the Committal Order and drafted the appeal herself and also represented herself via videolink from Turkey.
A person accused of contempt of court is entitled to legal aid. However, on 29th May 2026, Ms Fleming’s solicitors applied to come off the record on the ground that they were professionally embarrassed.
Ms Fleming’s appeal included allegations of conspiracy and fraud.
Court of Appeal judge, Lord Justice Arnold, described Judge Tindall’s “reasoning on this question” as “unimpeachable” and said “there was no procedural unfairness”.
Lord Arnold said the “appeal must be dismissed” and “was totally without merit.”
He said that “in spite of her oft-stated desire to protect her children’s inheritance, she has repeatedly behaved in a manner which is contrary to their interests”.
The court heard that Ms Fleming did not attend proceedings in person over fears of being sent to prison.
Lord Arnold added in a postscript on the judgment: “It is repugnant to the proper administration of justice that a contemnor can flout orders of the court, then absent himself from the committal hearing, then avoid serving whatever prison sentence is imposed and then finally avail himself of the procedures of the Court of Appeal, whilst enjoying the shelter of some safe haven overseas.”
He called for a reform of this aspect of the law, calling it “well overdue”.
