Decision record
Pratik Rambhai Patel
JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number10437/2010
Date01/01/2010
OutcomeStrike off
Allegation / charges
Breaches, Failures, Others
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
SanctionStrike Off
CostsGBP 5,000
Dishonesty foundYes
Assistant solicitor at Bindmans created and backdated two documents (a covering letter and Allocation Notice) to send to insurer Accident Line, to make it appear notices had been sent within policy time limits, in order to recover the firm's costs after a lost personal injury case. The Tribunal applied the Twinsectra test and found the Respondent acted dishonestly, knowingly deceiving the insurer. He was struck off the Roll and ordered to pay £5,000 costs.
Duties found breached:
Aggravating factors:
- Deliberate attempt to mislead Accident Line to recover firm's costs
- Motive to avoid significant financial loss to the firm
- Failed to explain circumstances in which documents were created
- No honest belief in his conduct
Mitigating factors:
- Otherwise conscientious and competent solicitor
- No prior warnings during entire working life
- Positive feedback from clients and superiors
- Employer criticised for having no formal procedures for checking documents
- Employer accepted he believed documents had been sent