Decision record
R O Osili and Another
JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number9295/2005
Date01/01/2005
OutcomeReprimand, Strike off
Allegation / charges
Client Money, Failures, Solicitors' Accounts Rules, Others
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
SanctionStrike Off
CostsGBP 12,000
Dishonesty foundYes
Solicitor Raphael Osili was found to have committed Solicitors Accounts Rules breaches (admitted), used client mortgage advance funds from TMB for his own benefit, acted in a clear conflict of interest, misrepresented his income on a mortgage application, and entered a champertous fee agreement. The Tribunal applied Twinsectra and expressly found him dishonest, striking him off and ordering £10,000 costs. The Second Respondent, held out as a partner but with low culpability, admitted the SAR breaches on a liability basis, was reprimanded and ordered to pay £2,000 costs (total costs £12,000).
Duties found breached:
- Fair, reasonable and lawful fees
- No own-interest conflict
- Segregate client money
- No improper use of client money
- Report serious misconduct of others
Aggravating factors:
- Use of client (mortgage advance) funds for personal benefit
- Serious and obvious conflict of interest - served notice to complete on his own clients
- Inflated income figure in mortgage application (£138,300 stated vs actual net profit £22,752)
- Cash shortages remained for extended periods (up to three years)
- Conscious impropriety / dishonesty found
Mitigating factors:
- Isolated period of misconduct with no prior disciplinary history
- Told the truth before the Tribunal and accepted responsibility
- Strong testimonials as to competence and integrity
- Ultimately no loss suffered by lenders
- Pressure and naivety, influenced by church relationship with clients