M C Wijesekera & Another

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

Two partners of Peiris Solicitors faced SRA allegations arising from improper withdrawals from client account, failures to redeem mortgages, failures to register titles, breached undertakings, untrue statements to clients and other solicitors, and accounting/reporting failures, with a minimum client account shortfall of £586,116.62. The Tribunal found all allegations proved. It found the Second Respondent (Wijesekera) had acted dishonestly under the Twinsectra test in making improper withdrawals and untrue statements, and struck him off, ordering £25,175.65 costs. The First Respondent, found extremely reckless and naive but not dishonest, was suspended for 2 years and ordered to pay £5,000 costs (not enforceable without leave), with a recommendation she work without partnership responsibilities. Total costs £30,175.65.

Duties found breached:

• No improper communication with the court
• No taking unfair advantage
• Not mislead third parties or opponents
• No improper use of client money
• Accounting records, reconciliation and reports
• Diligence and timeliness
• Honour professional undertakings

Aggravating factors:

• Dishonest conscious impropriety in misusing client funds and making untrue statements
• Minimum client account shortage of £586,116.62 unable to be replaced
• Misleading clients, lenders, other solicitors and interested parties repeatedly
• Significant harm to clients and damage to reputation of the profession
• £703,503.24 paid from Compensation Fund with £1,456,256.73 in pending claims, mostly from Second Respondent's conveyancing

Mitigating factors:

• First Respondent's serious ill health (multiple sclerosis)
• First Respondent characterised as naive victim of Second Respondent
• First Respondent made no financial gain and lost business, reputation and health
• Second Respondent did not contest facts; First Respondent made partial admissions