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Hon-Ying Amie Tsang

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number12415/2022
Date17/08/2023
OutcomeAllegations not substantiated

Allegation / charges

Breaches, Failures

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

SanctionDismissed
CostsGBP 74,950
Dishonesty foundNo

The SRA alleged that Ms Tsang, while in practice at her firm between 2015 and 2018, failed to advise clients investing in three fractional off-plan property development schemes about the high risks inherent in the schemes, in breach of Principles 4, 5, 6 and 10 of the SRA Principles 2011 and Outcomes 1.2 and 1.5. The Tribunal found the allegation NOT proved to the civil standard. It held that Ms Tsang had acted reasonably within the terms of her limited retainer, for which she charged a modest fee, and had not been required to explain all conceivable commercial risks beyond the scope of the retainer. The Tribunal found she had in fact set out the wider commercial risks for her clients' benefit even though not under a duty to do so. The Applicant relied on res ipsa loquitur, called no witnesses, and relied on Practical Law extracts post-dating events by 7-8 years and a Warning Notice issued after the relevant events. There was no allegation of dishonesty or lack of integrity. The allegation was dismissed and the SRA was ordered to pay the Respondent's costs of £74,950 (reduced by £5,000 from £79,950 because the case lasted two days instead of three), the Tribunal citing the SRA's mistake of law, inordinate delay, and lack of compelling evidence as good reasons to depart from the usual Baxendale-Walker principle. The SRA's appeal on costs was dismissed.

Documents

Source: https://solicitorstribunal.org.uk/case/12415/