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discipline 4 October 2026
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Decision record

Ciaran Whelan

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number8966/2004
Date01/01/2004
OutcomeS.43 Order (clerks)

Allegation / charges

Others

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

SanctionOther
CostsGBP 5,000
Dishonesty foundNo

Ciaran Whelan, a solicitor's clerk at Attridge Solicitors, acted for two clients (RB and SB) convicted of drugs offences. Despite favourable counsel advice and settled grounds of appeal sent within the time limit, he never lodged their appeals, claiming he was awaiting the outcome of proceedings against police officers and that clients consented to the delay. The Tribunal rejected his untested written account, noting no written instructions or records existed and that it was inherently unlikely custodial clients would agree to delay their release. The Court of Appeal later quashed the convictions after leave to appeal out of time. The Tribunal found he fell far short of required standards and made a s.43 order restricting his employment by solicitors, plus £5,000 costs. No express finding of dishonesty was made.

Duties found breached:

Aggravating factors:

  • Serious injustice caused - two men spent about five months longer in prison than necessary
  • Failure caused difficulties for the Court of Appeal
  • Respondent was experienced in such casework with proper supervisory mechanisms in place

Mitigating factors:

  • Previously unblemished career since 1990
  • No previous complaints

Duties engaged

Documents

Source: https://solicitorstribunal.org.uk/case/8966/