Decision record
Toper Hassan
JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number11125/2013
Date01/01/2013
OutcomeSuspend - Indefinite
Allegation / charges
Failures, Others
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
SanctionSuspension
CostsGBP 2,787
Dishonesty foundNo
The Respondent, a former sole practitioner, failed to keep client files stored with an archive company safe by failing to pay storage charges, putting client papers at risk of destruction, and failed to respond to correspondence from the SRA. Proceeding in his absence (service by advertisement), the Tribunal found all three allegations proved beyond reasonable doubt. No dishonesty was alleged or found. Given the seriousness compounded by his failure to co-operate with the regulator and prior disciplinary history, the Tribunal imposed an indefinite suspension and ordered costs of £2,786.51.
Duties found breached:
- Non-discriminatory acceptance and cab-rank
- No conflict between current clients
- No improper use of client money
Aggravating factors:
- Failure to co-operate with his professional regulator, showing resistance to proper regulation
- Two previous disciplinary findings (reprimand in 2009; £5,000 fine in 2011)
- Risk of repetition of misconduct
- Whereabouts unknown and no effective address provided
- Conduct risked significant detriment to former clients and damaged reputation of the profession
Mitigating factors:
- Respondent had paid storage charges for 5 years before defaulting
- Many files may have become due for routine destruction with the passage of time (over 7 years since firm closed)