Decision record
Naweed Riaz & Farhat Hussain
Allegation / charges
Breaches, Delays, Failures, Others
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Two partners of the firm Silvers acted in four conveyancing transactions bearing clear hallmarks of mortgage fraud, signing Certificates of Title to Halifax without meeting clients or verifying identities of fictitious vendor solicitors. The Tribunal found dishonesty proved (Twinsectra test) on allegation 1.1 against both. They also failed to account to a vulnerable matrimonial client, Mrs AG, for monies held, unreasonably delayed costs assessment, and failed to comply with an SRA Adjudicator's directions, culminating in a dishonoured cheque. Two allegations against the Second Respondent alone (failing to deal openly with SRA and writing a false/misleading letter) were found not proved. Both Respondents were struck off and ordered jointly and severally to pay costs of £45,611.32. An enforcement order for £25,803.07 owed to Mrs AG was refused as the Tribunal lacked jurisdiction following repeal of s.37A Solicitors Act 1974.
Duties found breached:
- Avoid wasting the court's time
- Non-discriminatory acceptance and cab-rank
- No conflict between current clients
- No improper use of client money
Aggravating factors:
- Dishonesty found in relation to conveyancing transactions
- Signed Certificates of Title to Halifax without meeting clients or verifying identity
- Failure to notice obvious hallmarks of mortgage fraud, including deposit and advance exceeding property price
- Vulnerable client (Mrs AG) deprived of funds she urgently needed; devastating impact
- Deliberate course of conduct; callous disregard for client's welfare
- Culminated in a dishonoured cheque
- Loss to Halifax of £3,639,366.77 (summary judgment consented to)
Mitigating factors:
- Cooperated with the SRA Investigation Officer
- First Respondent's letter describing effect on both Respondents' wellbeing and health (no medical evidence provided)
- No previous disciplinary matters