Decision record
Hiddadura Anthony Oliver M Abeynayake
JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number10365/2009
Date01/01/2009
OutcomeStrike off
Allegation / charges
Breaches, Client Money, Failures, Solicitors' Accounts Rules, Others
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
SanctionStrike Off
CostsGBP 19,064
Dishonesty foundYes
The Respondent, a sole practitioner, drew down mortgage funds from Abbey National on five properties totalling over £1.8 million but failed to register charges in favour of the bank, transferring the funds to third parties and overseas banks. He abandoned his practice, failed to honour an undertaking, and failed to deliver two Accountant's Reports. The SRA intervened. The Tribunal, in his absence, found all allegations proved to the higher standard and found his conduct dishonest under the Twinsectra test. He was struck off the Roll and ordered to pay costs of £19,064.30.
Duties found breached:
- No improper communication with the court
- No taking unfair advantage
- No conflict between current clients
- No improper use of client money
- Accounting records, reconciliation and reports
Aggravating factors:
- Dishonesty caused losses to clients
- Brought reputation of the profession into disrepute
- Large sums involved with over £1.5 million claimed from Compensation Fund
- Failed to register charges and misused mortgage funds
Duties engaged
- No improper communication with the court
- Honesty
- No taking unfair advantage
- Uphold public trust in the profession
- Act in the client's best interests
- No conflict between current clients
- No improper use of client money
- Accounting records, reconciliation and reports
- Orderly wind-down and contingency cover