Decision record
Rajesh Babajee
Allegation / charges
Breaches, Client Money, Failures, Solicitors' Accounts Rules
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Rajesh Babajee, a sole practitioner, was found to have misappropriated client monies arising from the sale of a property (122 C Street), using at least £45,000 of the proceeds improperly for his own and third parties' benefit after being aware the executed TR1 Transfer Deed had not been delivered to the purchaser's solicitors. The Tribunal proceeded in his absence following substituted service by newspaper advertisements. Seven of the twelve allegations were proved, including breaches of the Solicitors Accounts Rules, failing to open/maintain a client account, failing to safeguard records, failing to deliver an accountants' report, purporting to practise when not entitled, and failing to deliver a Transfer Deed. Dishonesty was expressly found regarding the misappropriation. Three allegations were found not proved and one partially. With no exceptional circumstances, the Tribunal ordered him struck off and to pay costs of £34,767.84.
Duties found breached:
- No improper communication with the court
- Handle inadvertently received material
- No improper use of client money
- Accounting records, reconciliation and reports
- Safeguard documents and limit liens
- Not misrepresent regulated status
Aggravating factors:
- Dishonesty found to highest standard
- Overall catalogue of proven breaches described as 'a masterclass in failure to comply with the basic requirements of practise as a solicitor'
- Use of client funds for personal benefit including cash withdrawals and card payments to retailers
- Failed to engage with the regulator and avoided the proceedings
- Obstructed former partners of Lambeth Solicitors in filing accountants' report
Mitigating factors:
- No previous disciplinary matters recorded
Duties engaged
- No improper communication with the court
- Honesty
- No bribery or improper gifts
- Personal probity and fitness to practise
- Uphold public trust in the profession
- No unlawful discrimination or harassment
- Act in the client's best interests
- Advise objectively, not a mere conduit
- Handle inadvertently received material
- Segregate client money
- No improper use of client money
- Prompt accounting and return of money
- Accounting records, reconciliation and reports
- Account for interest on client money
- Safeguard documents and limit liens
- Supervise staff and delegated work
- Firm governance, systems and compliance
- Hold a current practising certificate
- Cooperate openly with regulators
- Not misrepresent regulated status
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