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
Nasar Hussain, a solicitor and sole director of Regal Solicitors (NW) Limited, while representing himself in a personal injury claim arising from a 2019 road traffic accident, failed to disclose information about a prior shoulder injury from a December 2018 stair fall that was relevant to the expert report and the issue being litigated. The Tribunal found two breaches of his ongoing duty of disclosure between July 2020 and April 2021: failing to correct Dr Tanvir's addendum report (26 August 2020) and submitting a misleading witness statement (29 October 2020) asserting injuries were wholly attributable to the index accident. The Tribunal found breaches of SRA Principles 1, 2 and 5 and paragraph 1.4 of the Code, but expressly dismissed the dishonesty allegation (Principle 4) 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. No finding of recklessness was made due to insufficient pleading. He was suspended for 4 months, suspended for 2 years, and ordered to pay £15,000 costs.
Duties found breached:
- Good faith and courtesy to colleagues
- Integrity
- Serve justice and improve the law
- Uphold public trust in the profession
Aggravating factors:
- Continued period of inaccuracy lasting approximately six months
- Inaccuracy only corrected by the defence solicitors and the court rather than by the Respondent
- Misleading the court is inherently serious
Mitigating factors:
- 23-year unblemished career
- Self-reported to the SRA
- Cooperation with the regulator
- Genuine remorse
- Isolated/single episode of misconduct occurring five years prior
- Positive character references
- Provided GP notes to the defence
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