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Andrew John Tempest

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number8553/2002
Date01/01/2002
OutcomeStrike off

Allegation / charges

Failures, Others

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

SanctionStrike Off
CostsGBP 2,938
Dishonesty foundYes

Sole practitioner/associate solicitor struck off after the Tribunal found he had pursued a dishonest course of conduct towards a matrimonial client (PW), repeatedly lying about letters written, papers posted, divorce decree dates and the transfer of the matrimonial home, none of which was true. He also failed to inform a conveyancing client (AR) that completion had not taken place, and failed to reply to OSS correspondence. He did not appear and indicated he did not intend to defend or practise again. He had a 1997 prior appearance (delay, failure to reply to correspondence; no dishonesty then) and had been fined £3,500. The Tribunal expressly found dishonesty in the PW matter, struck him off, ordered costs of £2,937.50, and directed that the OSS compensation order of £2,500 to PW be enforceable as a High Court order.

Duties found breached:

Aggravating factors:

  • Previous disciplinary appearance in 1997 with warning that similar future conduct would not be dealt with leniently
  • Conduct caused great distress to clients and damaged the reputation of the profession
  • Repeated and sustained false statements to client PW
  • Failed to pay ordered compensation of £2,500 to PW
  • Failed to co-operate with the regulatory body

Mitigating factors:

  • Admitted misleading PW and apologised in person
  • Did not intend to defend proceedings; consented to abridgement of time
  • Stated he had no intention of practising again and left the profession voluntarily
  • Pleaded financial hardship (considering IVA/bankruptcy)

Duties engaged

Documents

Source: https://solicitorstribunal.org.uk/case/8553/