Samira Mohamed Seth

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

Samira Mohamed Seth, sole manager, COLP and COFA of Seth Law Limited, had conduct of mortgage mis-selling (MMS) claims between February 2020 and June 2022. The Tribunal found proved that she: (1) failed to advise clients adequately on alternative options to litigation (FOS, FSCS); (2) failed to send adverse counsel's opinions to the ATE insurer at all (Client A) or in a timely manner (Client B); and (3) failed to seek prior insurer approval to issue claims, putting clients' ATE policies at risk. Allegation 4 (recklessness) was also proved as an aggravating feature. She breached Principles 2, 5 and 7 and Paragraphs 1.4 and 8.6 of the Code. The Tribunal accepted she lacked integrity but made no express finding of dishonesty; her conduct was characterised as careless/incompetent and reckless rather than deliberate. She was fined £7,000, made subject to an indefinite Restriction Order, and ordered to pay £20,000 costs.

Duties found breached:

• Good faith and courtesy to colleagues
• No conflict between current clients
• Non-discriminatory acceptance and cab-rank

Aggravating factors:

• Recklessness (Allegation 4 proved as an aggravating feature)
• Conduct repeated over a substantial period of time (Feb 2020 - June 2022)
• Lack of integrity in dealings relating to MMS claims

Mitigating factors:

• Respondent admitted Allegations 1-4 including recklessness
• Agreed Statement of Facts
• Tribunal found omissions were not deliberate (carelessness/incompetence rather than deliberate omission)