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Christopher Kenneth Scroggs

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number12362/2022
Date12/01/2023
OutcomeStrike off

Allegation / charges

Breaches, Failures

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

SanctionStrike Off
Dishonesty foundYes

Christopher Kenneth Scroggs, a self-employed consultant solicitor, practised as a solicitor for clients (ETP, JB, GK) without authorisation, conducting litigation on his own account using the Firm's name without its knowledge or proper file opening, and made false/misleading statements to DWF, the Court and HMRC that the Firm was instructed. He also requested that client AF pay fees directly to him personally when those fees were due to the Firm, taking steps to conceal this from the Firm. The Tribunal found allegations 1.1, 1.2 and 1.3 proved including breaches of Principles 2, 6, 7 and Rule 1.1. Dishonesty was found NOT proved for allegation 1.2 (he genuinely believed he was acting on client instructions under the Firm's 'banner'), but dishonesty WAS found proved for allegation 1.3 due to his deliberate concealment of an improper request from his employer. Finding no exceptional circumstances under Sharma, the Tribunal ordered strike off. No order as to costs was made (costs assessed at £15,000 but waived) given Mr Scroggs' inability to pay.

Duties found breached:

Aggravating factors:

  • Conduct included dishonesty (Ivey test) in allegation 1.3
  • Should have known conduct breached obligations to protect public and reputation of profession
  • Previous internal SRA rebuke in 2008 for backdating letters of advice to mislead employer
  • Experienced solicitor admitted in 1988
  • Planned conduct over an extended period; text requests over two days, not momentary
  • High degree of culpability and position of trust in relation to employer

Mitigating factors:

  • Conduct in allegations 1.1 and 1.2 followed clients' requests which he sought to accommodate
  • Genuine remorse and insight
  • Frank and early admissions of factual matters
  • Full cooperation with the SRA
  • No previous Tribunal findings
  • Financial pressures and intention to help a family member; no intent to take more than entitled; AF not actually paid
  • Clients were not misled and no detriment materialised

Documents

Source: https://solicitorstribunal.org.uk/case/12362/