§ discipline
‹ Back

(unnamed respondent)

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number12123/2020
Date10/04/2024
OutcomeRevocation of S.43 Order - Refused

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

SanctionDismissed
CostsGBP 19,504
Dishonesty foundNo

Mr Garrett, a former non-solicitor employee of Louise Stephens & Co, applied to the SDT to review a section 43 control order imposed by the SRA in April 2016 following findings he had misappropriated £89,842.73 from the firm's office account. Although he was later acquitted of related criminal charges in 2021 (after the CPS offered no evidence due to disclosure difficulties), and his applications to the SRA to revoke the Order were refused, the Tribunal applied the SRA v Arslan review standard and found none of the SRA decisions were wrong or materially flawed. The Tribunal noted his signed confession, the charge over his parents' home, Ms Stephens' evidence and forensic accountancy findings, and the absence of any evidence of rehabilitation. The application to quash or vary the Order was refused, the Order was confirmed, and Mr Garrett was ordered to pay costs of £19,503.84.

Duties found breached:

Aggravating factors:

  • Misappropriation of significant funds (£89,842.73) for his own benefit
  • Signed admission/confession to misappropriation
  • Charge granted over parents' home in the exact misappropriated sum
  • No evidence of rehabilitation or approved employment since the Order

Mitigating factors:

  • Acquitted of all criminal charges (no evidence offered by CPS) on 6 May 2021

Documents

Source: https://solicitorstribunal.org.uk/case/12123/