Alison Clare Banerjee
Allegation / charges
Breaches, Code of Conduct for Solicitors, REL's & RFL's 2019, Dishonesty, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Alison Clare Banerjee, an employment law solicitor at Hunt and Coombs LLP, admitted six allegations of misconduct between September 2021 and January 2023. She provided misleading information to the Employment Tribunal (falsely blaming IT/Mimecast issues for not receiving emails), misled Client A about a wasted costs order, agreed a settlement and withdrew Client A's claim without instructions (signing a settlement agreement on his behalf), falsely told Client A his hearing had been adjourned, misled Client B that there was "an offer on the table" when none existed, and misled Client C that his case was listed when it had not been. The Tribunal found the misconduct involved serious, deliberate and repeated dishonesty causing significant harm to clients. An application for anonymity (based on her depression and suicide risk) was refused. The matter was resolved by agreed outcome. She was struck off the Roll and ordered to pay costs of £12,000.
Duties found breached:
- Good faith and courtesy to colleagues
- No conflict between current clients
- Non-discriminatory acceptance and cab-rank
Aggravating factors:
- Serious, deliberate and repeated acts of dishonesty
- Misled both clients and the Employment Tribunal over a period of time
- Experienced solicitor with direct control over her actions
- Caused significant harm to clients, preventing them from pursuing their claims
Mitigating factors:
- Previously exemplary record
- Health issues (Major Depressive Disorder)
- Admissions made
- Cooperation via agreed outcome
Codes & rules applied
Duties engaged
- Act only on proper, lawful instructions
- Advise on alternatives, settlement and outcome
- Avoid wasting the court's time
- Cease acting on client perjury or disobedience
- Client-care and engagement terms
- Client confidentiality
- Competence
- Complaints procedure and handling
- Comply with and respect court orders
- Comply with rules of foreign jurisdictions
- Continuity and handover of representation
- Cooperate openly with regulators
- Costs and fee transparency to client
- Diligence and timeliness
- Disclose adverse law to the court
- Disclose material information to client
- Disclose referrals, commissions and benefits
- Fair dealing with unrepresented parties
- Fair, reasonable and lawful fees
- Full disclosure on ex parte applications
- Good faith and courtesy to colleagues
- Handle inadvertently received material
- Hold a current practising certificate
- Honour professional undertakings
- Keep client informed and respond promptly
- Maintain competence and CPD
- Manage conflict arising mid-matter
- No abuse of process or coercive powers
- No acting against a former client
- No baseless or threatened misconduct report
- No conflict between current clients
- No direct dealing with represented party
- No improper benefit, loan or bequest
- No improper communication with the court
- No improper fee-sharing or partnership
- No improper questioning of witnesses
- No improper solicitation or touting
- Non-discriminatory acceptance and cab-rank
- No obstruction or victimisation of reporters
- No own-interest conflict
- No payments to witnesses on evidence
- No personal opinion or familiarity with court
- No prejudicial publicity for pending cases
- No standing bail or surety for client
- No taking unfair advantage
- No tampering with or coaching witnesses
- Not mislead the court
- Not mislead third parties or opponents
- Not misrepresent regulated status
- Pay instructed practitioners and agents
- Professional indemnity insurance
- Proper basis for allegations
- Proper termination and return of instructions
- Prosecutorial duty of disclosure
- Prosecutorial fairness and impartiality
- Protect capacity and vulnerable clients
- Protect legal professional privilege
- Report serious misconduct of others
- Safeguard documents and limit liens
- Self-report to the regulator
- Truthful, non-misleading advertising