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Naweed Riaz & Farhat Hussain

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number10871/2011
Date01/01/2011
OutcomeStrike off

Allegation / charges

Breaches, Delays, Failures, Others

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

SanctionStrike Off
CostsGBP 45,611
Dishonesty foundYes

Two partners of the firm Silvers were found to have dishonestly acted in four conveyancing/mortgage transactions bearing clear hallmarks of fraud, signing Certificates of Title to Halifax without meeting clients or verifying identities of clients or fictitious vendor solicitors. They also failed to account to a vulnerable matrimonial client (Mrs AG) for funds held, unreasonably delayed costs assessment, failed to comply with an SRA Adjudicator's directions, and sent her a dishonoured cheque. The Tribunal found dishonesty (Twinsectra test) on allegation 1.1 and four of six allegations proved (two against the Second Respondent alone were not proved). Both Respondents were struck off and ordered jointly and severally to pay costs of £45,611.32. The Tribunal declined to make an enforcement order in favour of Mrs AG due to repeal of the relevant statutory power.

Duties found breached:

Aggravating factors:

  • Dishonesty found in mortgage fraud transactions
  • Signed Certificates of Title to Halifax without meeting clients or verifying identity
  • Caused loss to Halifax of £3,639,366.77 (consent summary judgment)
  • Withheld monies from a vulnerable client (Mrs AG) over a prolonged period
  • Sent a cheque to the client which was dishonoured
  • Reckless disregard to the facts; ignored hallmarks of fraud (fictitious vendor solicitors, direct deposits exceeding price)
  • Devastating impact on vulnerable client

Mitigating factors:

  • No previous disciplinary matters
  • Cooperated with the SRA Investigation Officer
  • First Respondent's letter describing effect on health and wellbeing (no medical evidence)

Duties engaged

Documents

Source: https://solicitorstribunal.org.uk/case/10871/