Nirosha Jayawardena

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

Nirosha Jayawardena, sole equity partner, COLP, COFA and MLRO at Tremont Midwest Solicitors, admitted six allegations concerning inadequate client due diligence and AML checks that allowed two fraudulent property sales (Kilburn Road and Bexley Road) to proceed, paying proceeds to unconnected third parties, failing to discharge an undertaking to Judge & Priestly LLP, and multiple Accounts Rules breaches. The matter was resolved by Agreed Outcome on the papers. The Tribunal expressly found no dishonesty. It imposed a 1-month suspension commencing 3 May 2023 followed by indefinite practice conditions and mandatory AML and Accounts Rules training. No order as to costs was made given her limited means. An application to defer the suspension was refused.

Duties found breached:

• No conflict between current clients
• Accounting records, reconciliation and reports
• AML and crime-prevention compliance
• Honour professional undertakings

Aggravating factors:

• Respondent knew or ought reasonably to have known conduct was in material breach of obligations to protect public and reputation of profession
• Misconduct took place over a period of time
• High culpability - conduct not spontaneous, direct control/responsibility, experienced solicitor aware of relevant rules
• Fraudulent property transactions took place as a result of failings; Bexley High Street proceeds could not be recovered causing financial loss

Mitigating factors:

• Misconduct in property transactions impacted by deception by a third party; Firm was a victim of fraud
• Respondent made efforts to recover proceeds and engaged with Land Registry to limit loss (recovered Kilburn Road funds in full)
• Respondent showed insight and made full admissions
• No dishonest motive; not alleged she deliberately misled the regulator
• Personal circumstances, health issues and medical evidence
• Impact of COVID lockdown and software change on accounts compliance