James Rafferty

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

Solicitor James Rafferty was convicted on 9 June 2023 of failing to provide a specimen of breath under the Road Traffic Act 1988, receiving a 17-month driving ban and a £3,846 criminal fine. The SRA alleged breaches of Principles 1, 2 and 5. The Tribunal found Principles 1 and 2 breached (admitted) but found NO breach of Principle 5 (integrity), rejecting the SRA's argument that the conviction equated to lack of integrity, noting no aggravating features beyond the offence itself. The Tribunal refused to admit a late, heavily redacted Police log. Sanction was a £2,500 fine. Both parties' costs applications were refused, resulting in no order as to costs.

Duties found breached:

• Non-discriminatory acceptance and cab-rank
• Uphold public trust in the profession

Aggravating factors:

• Commission of a criminal offence
• Deliberate conduct involving a significant error of judgment
• Experienced solicitor who should have known better

Mitigating factors:

• One-off incident at a time of extreme stress
• Prompt self-report to the SRA
• Guilty plea at first opportunity in criminal proceedings
• Complete transparency and cooperation with the regulator
• Genuine insight and remorse, apologised and accepted full responsibility
• No previous disciplinary findings; good character with positive references
• No longer a risk to the public