Decision record
Bere-Pele Dan Harry
JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number8474/2001
Date01/01/2001
OutcomeStrike 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 15,939
Dishonesty foundYes
Bere-Pele Dan Harry, admitted 1997, practised as D J Harry & Co. The Tribunal found all ten allegations substantiated: he retained another solicitor's client files while repeatedly denying it; he misled the Financial Services Tribunal by giving untrue evidence on oath (found to have acted deceitfully contrary to Principle 17.01); he committed numerous Solicitors' Accounts Rules breaches producing a client account shortage of £43,260.98; and used misleading notepaper naming false partners. The Tribunal struck him off the Roll and ordered costs of £15,939.30.
Duties found breached:
- Proper basis for allegations
- No taking unfair advantage
- Not mislead third parties or opponents
- No conflict between current clients
- No improper use of client money
- Prompt accounting and return of money
- Accounting records, reconciliation and reports
- Account for interest on client money
- No improper solicitation or touting
Aggravating factors:
- Gave false evidence on oath before a statutory tribunal
- Repeatedly denied retaining files causing clients loss including missed limitation dates
- Wholesale flouting of the Solicitors' Accounts Rules
- Partnership appeared to be a sham with Respondent the true principal
- Purported to replace shortage with a cheque that was dishonoured
- Catalogue of inappropriate behaviour
Duties engaged
- Overriding duty to the court
- Not mislead the court
- Proper basis for allegations
- Honesty
- Professional independence
- No taking unfair advantage
- Not mislead third parties or opponents
- No conflict between current clients
- No improper use of client money
- Prompt accounting and return of money
- Accounting records, reconciliation and reports
- Account for interest on client money
- Good faith and courtesy to colleagues
- No improper solicitation or touting
- Serve justice and improve the law