Kiran Nahar - Farhat Malik-Masud
Allegation / charges
Breaches, Client Money, Failures, Others, Solicitors' Accounts Rules
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Kiran Nahar, an inexperienced solicitor, purchased Norman Saville & Co and ran an online bulk conveyancing/immigration practice from a Birmingham office that was effectively controlled by non-solicitor third parties (WS, MC and company J), into which up to ~40% of fee income was diverted. Client 'agreed fees' were paid into office account in breach of SARs, leaving a client account shortage. The Tribunal found multiple breaches proved, including reckless conduct, failure to co-operate, and an express finding of dishonesty (Twinsectra test satisfied) for giving false statements to the SRA about the funding of the practice. She was struck off. The Second Respondent, a part-time salaried partner who worked only part of 17 days, was found minimally culpable; her admitted breaches were largely constructive and she was reprimanded. Costs of £80,000 total were apportioned £70,000 (First) and £10,000 (Second), not enforceable without leave.
Duties found breached:
- Not mislead third parties or opponents
- Act in the client's best interests
- Fair, reasonable and lawful fees
- No conflict between current clients
- Prompt accounting and return of money
- Accounting records, reconciliation and reports
- Firm governance, systems and compliance
- Cooperate openly with regulators
- Good faith and courtesy to colleagues
Aggravating factors:
- Dishonest misstatement to regulator about source of practice funding maintained over several weeks
- Continued operating the same business model after the SRA began investigating, keeping client funds at risk
- Allowed non-solicitor third parties (WS, MC, J) to control and benefit from the practice
- Client account shortage of not less than £175,920.42
Mitigating factors:
- Inexperienced solicitor, out of her depth and vulnerable to manipulation by third parties
- Not regarded as a generally dishonest person
- No previous disciplinary findings
- Positive testimonials and good character
- Personal suffering: depression, bankruptcy, loss of employment
Duties engaged
- Honesty
- Professional independence
- Not mislead third parties or opponents
- Act in the client's best interests
- Fair, reasonable and lawful fees
- No conflict between current clients
- Prompt accounting and return of money
- Accounting records, reconciliation and reports
- Firm governance, systems and compliance
- Cooperate openly with regulators
- Good faith and courtesy to colleagues