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Roger Patrick Diavewa

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number12134/2020
Date01/01/2020
OutcomeRevocation of S.43 Order - Refused

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

SanctionDismissed
CostsGBP 3,000
Dishonesty foundYes

Mr Diavewa, an unadmitted paralegal, was made subject to a s43 Order by an SRA Adjudicator on 10 September 2020, which included an express finding that he had acted dishonestly (misleading the Upper Tribunal via a backdated letter and receiving client funds into his personal account). He applied to the Tribunal for review and revocation on three grounds: failure to weigh the supervising solicitor's defaults, bias by the Adjudicator, and improper/premature publication. The Tribunal (conducting a review, not re-hearing) rejected all three grounds, finding the Adjudicator applied the correct civil standard and was entitled to reach the findings made. The application to revoke was refused and the s43 Order confirmed. The Applicant was ordered to pay costs of £3,000.

Duties found breached:

Aggravating factors:

  • Lack of insight, attempting to deflect blame onto the supervising solicitor
  • Misuse of client funds exceeding £2,800 paid into his personal account
  • Attempt to mislead a court/tribunal by backdating documents

Documents

Source: https://solicitorstribunal.org.uk/case/12134/