A Fagbenle and E F Volney (pdf)

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

Two members of Global Lawyer LLP, a Registered Foreign Lawyer (Fagbenle) and a solicitor (Volney), faced allegations arising from an SRA inspection and two connected conveyancing transactions between them (28 Omega Court and 15 Loxley House). The Tribunal found all allegations proved, including breaches of the Solicitors Accounts Rules, Code of Conduct referral rules, failures to honour undertakings to discharge charges, transactions bearing the hallmarks of mortgage fraud, and a conflict of interest. The Tribunal made an express finding of dishonesty against both Respondents under the Twinsectra test in relation to allegations 3-6. Volney was struck off the Roll; Fagbenle was removed from the Register of Foreign Lawyers with a Section 43 Order. They were ordered to pay costs of £28,756.73 jointly and severally.

Duties found breached:

• Proper basis for allegations
• No improper communication with the court
• No conflict between current clients
• Report serious misconduct of others
• Honour professional undertakings

Aggravating factors:

• Dishonesty found under the Twinsectra test
• First Respondent used mortgage funds advanced by lenders (£188,000 and £180,000) for his own purposes while leaving loans unsecured for months/years
• Second Respondent was both purchaser and supervising solicitor for the vendor, a clear conflict of interest
• Mortgage funds from Scottish Widows held unsecured for approximately 2 years

Mitigating factors:

• No previous disciplinary sanctions
• Some accounts issues corrected prior to inspection; firm had purchased a Law Society-endorsed accounting system that proved flawed
• Referral agreement omissions corrected once pointed out and referral arrangements ceased