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Edward Richard Foster & Robert James Newman & Rashpal Kaur

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number12350/2022
Date10/01/2023
OutcomeFine, Strike off, Suspend - Fixed Period

Allegation / charges

Breaches, Client Money, Failures, Solicitors' Accounts Rules

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

SanctionStrike Off
Suspension3 months
FineGBP 3,000
Dishonesty foundYes

County Solicitors Ltd case involving three respondents. Foster (CEO/majority shareholder) admitted causing improper transfers of client money to overcome cashflow difficulties and to repay himself, including one admitted allegation of dishonesty (Allegation 1), and the Tribunal also found a further dishonesty allegation proved (Allegation 2, re unauthorised signing of certificates of title) - he was struck off and ordered to pay £70,000 costs. Newman (COLP) admitted setting up a non-compliant scheme channelling ~£22.9m of lender mortgage funds through the firm to a connected conveyancing firm (TFP) not on lender panels; the Tribunal found his conduct lacked integrity but dishonesty was NOT proved (he had no knowledge of unauthorised COT signing); suspended 3 months and £15,000 costs. Kaur (COFA) found to have breached Accounts Rules and Principles 6, 8 and 10 by failing to discharge her gatekeeper role; no dishonesty or integrity allegation against her; fined £3,000 (reduced from £7,500 for means) and £3,000 costs.

Duties found breached:

Aggravating factors:

  • Foster: dishonesty; financial motivation personal and for the Firm; high degree of control; misled lenders and kept COFA in the dark; previous 2012 Tribunal £20,000 fine for similar misconduct
  • Newman: repeated conduct over an extended period; lender clients misled (though inadvertently); position of trust
  • Kaur: misconduct continued over time; ought to have known she was not discharging COFA obligations

Mitigating factors:

  • Newman: benign motivation (protecting purchasers); no loss caused, all mortgages registered; genuine insight and remorse; pressurised by Foster; 41 years unblemished practice; full cooperation and admissions
  • Kaur: no malign intent; deliberately kept in the dark by Foster/accounts staff; inexperienced as COFA; previous COFA failed to identify issues; remorse and developing insight; unblemished career; good character references

⚠ figures not found verbatim in the source were dropped: ["unverified_costs_amount=88000"]

Documents

Source: https://solicitorstribunal.org.uk/case/12350/