(unnamed respondent)
Allegation / charges
Client Money, Code of Conduct for Solicitors, REL's & RFL's 2019, Money Laundering Regulations, Solicitors' Accounts Rules
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The Applicant, struck off in 2009 for 13 proved allegations including six involving dishonesty (upheld on appeal in 2010), applied in 2025 for restoration to the Roll. Although his application was not premature and he had undertaken approved supervised work since 2020 and shown positive steps toward rehabilitation, the Tribunal found the supporting evidence of rehabilitation lacking in weight and depth. Given the seriousness of the dishonesty-based misconduct and the high threshold for restoration, the Tribunal refused the application and ordered the Applicant to pay costs of £4,709.59.
Duties found breached:
- Accounting records, reconciliation and reports
- AML and crime-prevention compliance
- No improper use of client money
- No taking unfair advantage
- Prompt accounting and return of money
- Proper basis for allegations
- Segregate client money
- Supervise staff and delegated work
Aggravating factors:
- Six findings of dishonesty over a protracted period involving premeditated and planned deception
- Misconduct discovered by the SRA rather than the firm's own compliance processes
- Dishonesty findings upheld by the High Court on appeal
Mitigating factors:
- Application made around 16 years after strike-off, not premature
- Meaningful approved employment in the profession since 2020 under SRA supervision without incident
- Full acceptance of responsibility and expressions of remorse
- No client complaints, further regulatory action or criminal convictions
- Willingness to continue under conditions restricting practice
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