Decision record
Bibiana Martial
Allegation / charges
Breaches, Failures, Others
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The Respondent, a solicitor at Battersea Law Centre, was found to have failed to progress two clients' cases (Ms R and Ms B), allowing both claims to be struck out, failing to notify clients, and continuing to act despite a conflict of interest. She backdated 24 letters on the client files over a ten-month period, some of which were used to mislead an Employment Tribunal, and failed to cooperate with the SRA. The Tribunal found all allegations proved beyond reasonable doubt, including an express finding of dishonesty under the Twinsectra test. Finding no exceptional circumstances, the Tribunal ordered she be struck off the Roll and pay costs of £4,000. The hearing proceeded in her absence.
Duties found breached:
Aggravating factors:
- Conduct was dishonest and premeditated - 24 documents backdated over a ten-month period
- Deliberately laid a false paper trail requiring forethought and planning
- Used backdated letters to mislead an Employment Tribunal
- Given three opportunities to explain and gave no credible explanation
- Failed to respond to the SRA
Mitigating factors:
- No previous disciplinary matters
Duties engaged
- Not mislead the court
- Comply with and respect court orders
- Honesty
- No bribery or improper gifts
- Personal probity and fitness to practise
- Uphold public trust in the profession
- No unlawful discrimination or harassment
- Act in the client's best interests
- Advise objectively, not a mere conduit
- Keep client informed and respond promptly
- No conflict between current clients
- Cooperate openly with regulators