Farooq Rafiq

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

Farooq Rafiq, sole director, COLP and COFA of a personal injury firm, admitted multiple breaches including sending Claims Notification Forms without client knowledge/proper grounds, failing to advise clients on CMC agreements, conflicts of interest, improper referral arrangements, failures over overseas outsourcing, numerous Accounts Rules breaches (including a £56,542.11 cash shortage), failure in his COLP/COFA roles, and criminal convictions for three assaults (the third committed while on bail). The Tribunal found admitted breaches of Principle 2 (integrity) but did not make any express finding of dishonesty. It assessed culpability as high and the totality of conduct as at the highest seriousness level, including significant harm to the profession's reputation. The Respondent was struck off the Roll and ordered to pay agreed costs of £55,000.

Duties found breached:

• Accounting records, reconciliation and reports
• Act in the client's best interests
• Comply with rules of foreign jurisdictions
• Handle inadvertently received material
• No conflict between current clients
• No improper use of client money

Aggravating factors:

• Misconduct continued over a lengthy period
• Ought to have known he was in material breach of obligations to protect the public and reputation of the profession
• Repeatedly subordinated clients' interests for his own and the Firm's interests
• Turned a 'Nelsonian blind eye' to serious issues raised by third parties
• Criminal convictions, with victims deemed vulnerable due to domestic status
• Third assault committed while on bail for the first two, in breach of court bail conditions
• High culpability; systemic failings as sole director, COLP and COFA

Mitigating factors:

• Demonstrated a degree of insight
• Made a number of early admissions
• Co-operated with the investigation; no attempt to mislead or obstruct
• No evidence of individual client financial loss
• Evidence of rehabilitation and ongoing treatment for medical issues
• Positive testimonials, charitable work, pro-bono clinics, trained solicitors
• Difficulties recruiting staff and running the Firm alone
• Followed advice of a compliance advisor