Kandiah Chelva-Nayagam

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

The Respondent, a solicitor admitted in 1990, admitted breaching Rule 1.06 of the Solicitors Code of Conduct 2007 following three criminal convictions: driving whilst unfit through drink (13 Jan 2009) and two offences of indecent exposure (26 Jan 2009 and 9 Sep 2009, the latter resulting in a suspended prison sentence and a Sexual Offences Prevention Order). The Tribunal rejected the submission distinguishing Bolton v The Law Society and found his conduct had diminished public trust and fallen below standards of integrity, probity and trustworthiness. Noting it was his third appearance (the prior two relating to Accounts Rules breaches), the Tribunal struck him off the Roll and ordered him to pay costs of £850. No express finding of dishonesty was made.

Duties found breached:

• Uphold public trust in the profession

Aggravating factors:

• Third appearance before the Tribunal; two prior appearances related to breaches of the Solicitors' Accounts Rules
• Very serious nature of the convictions, including repeat indecent exposure offences
• Public needed protection from the Respondent

Mitigating factors:

• Conduct did not occur in the course of his work and did not impact clients or his firm
• Difficult personal circumstances - wife crippled with arthritis, financial hardship, no pension, significant legal costs incurred
• Willingness to voluntarily surrender his practising certificate
• Admitted the allegation