Wishwa Ellepola

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

Wishwa Ellepola, a sole practitioner/partner admitted in 1998, faced 14 allegations arising from Law Society Forensic Investigation Reports. He admitted breaches of the Solicitors Accounts Rules, breaches of the Introduction and Referral Code, failure to supervise an employed conveyancer, failure to act in Abbey National's best interests (substantial vendor incentives not reported), and providing misleading information to his professional indemnity insurers. The Tribunal found allegations 5 (deceit) and 14 (dishonesty) substantiated, expressly finding dishonesty (applying Twinsectra and noting Barlow Clowes) in his failure to make full and truthful disclosure to the FIO about his indemnity premium payments and in misleading Abbey National. Allegations 3 and 4 (employing/remunerating struck-off solicitor DW) were not proved as the evidence was inconclusive. The Respondent was struck off the Roll and ordered to pay costs subject to detailed assessment.

Duties found breached:

• Proper basis for allegations
• No taking unfair advantage
• Not mislead third parties or opponents
• No conflict between current clients
• No improper use of client money
• Accounting records, reconciliation and reports
• Supervise staff and delegated work
• Not misrepresent regulated status

Aggravating factors:

• Continued failure to keep proper accounting records even after the FIO pointed out breaches on an earlier visit
• Signing reports on title relied upon by Abbey National without knowing or caring whether they were accurate
• Failing to notify Abbey National of substantial incentives to facilitate completions with resulting fee benefit
• Misleading the FIO to avoid difficulties obtaining professional indemnity insurance
• Admitted he was not competent to supervise conveyancing yet did so

Mitigating factors:

• Cash shortage was rectified in February 2005
• Engaged a new bookkeeper and installed a computerised accounts system, producing reconciled accounts by May 2007
• Allegations 3 and 4 (employing/remunerating a struck-off solicitor) not proved
• Character testimonials and oral evidence attesting to competence and integrity
• Claimed innocent/genuine belief regarding referral fees