Nasar Hussain
Allegation / charges
Code of Conduct for Solicitors, REL's & RFL's 2019, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The Respondent, a solicitor representing himself in a personal injury claim, failed to ensure his prior shoulder injury (a stair fall) was accurately disclosed in an expert medical report and witness statement. The Tribunal found breaches of Principles 1, 2 and 5 and paragraph 1.4 of the Code, finding his October 2020 witness statement misleading. However, the dishonesty allegation (Principle 4) was dismissed as not meeting the high threshold under Ivey, distinguishing the civil court's fundamental dishonesty finding which related to the account of injuries rather than pre-existing injuries. The Tribunal imposed a 4-month suspension, suspended for 2 years, and ordered costs of £15,000 (reduced from £30,025 claimed).
Duties found breached:
- Integrity
- Not mislead the court
- Serve justice and improve the law
- Uphold public trust in the profession
Aggravating factors:
- Continued period of inaccuracy lasting approximately six months
- Potential risk of harm by misleading the court
- Inaccuracy only corrected by defence solicitors and court, not the Respondent
Mitigating factors:
- 23-year unblemished career
- Self-reporting to the SRA
- Cooperation with the regulator
- Insight and remorse
- Single, isolated episode with no repetition
- Provided GP notes/medical records to the defence
- Positive character references
⚠ figures not found verbatim in the source were dropped: ["review_dishonesty_finding_cue_present"]
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