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discipline 4 October 2026
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Decision record

James Rafferty

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number12569/2024
Date22/01/2025
OutcomeFine

Allegation / charges

Breaches, Criminal Convictions, SRA Principles 2019

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

SanctionFine
FineGBP 2,500
Dishonesty foundNo

Solicitor James Rafferty was convicted on 9 June 2023 of failing to provide a specimen of breath under the Road Traffic Act 1988, receiving a 17-month driving ban and a £3,846 criminal fine. The SRA alleged breaches of Principles 1, 2 and 5. The Respondent admitted breaches of Principles 1 and 2 but contested lack of integrity (Principle 5). The Tribunal refused to admit late Police log evidence as more prejudicial than probative. It found Principles 1 and 2 breached by virtue of the conviction but found no breach of Principle 5, holding this was a standard conviction with no aggravating features and integrity does not require paragons of virtue. Assessing the misconduct as moderately serious, the Tribunal imposed a £2,500 fine. Both parties' costs applications were refused, with no order as to costs, partly because the SRA had referred the case based on a misapprehension about its internal fining limit.

Duties found breached:

Aggravating factors:

  • Commission of a criminal offence
  • Deliberate conduct involving a significant error of judgment resulting in a criminal penalty
  • Experienced solicitor who should have known better

Mitigating factors:

  • One-off incident/error of judgment at a time of extreme stress
  • Prompt self-report to the SRA
  • Guilty plea at first opportunity in criminal proceedings
  • Complete transparency and full cooperation with the regulator
  • Genuine insight and remorse; apology and acceptance of responsibility
  • No previous disciplinary or driving convictions; positive character references
  • No longer poses a risk to the public

Codes & rules applied

Duties engaged

Documents

Source: https://solicitorstribunal.org.uk/case/12569/