Decision record
Muhammed Ali Javed
JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number10336/2009
Date01/01/2009
OutcomeStrike off
Allegation / charges
Breaches, Failures
Findings โ machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
SanctionStrike Off
CostsGBP 19,389
Dishonesty foundYes
Muhammed Ali Javed, admitted 2005, was found to have conducted a conveyancing sale (14 C Avenue) in total disregard of numerous hallmarks of mortgage fraud, resulting in a fraud on the Bank of Scotland. The Tribunal found six of seven allegations proved (allegation 4, practising uncertificated, was not proved), including express findings of dishonesty on allegations one and two using the Twinsectra test. The Tribunal did not find him credible. He was struck off the Roll and ordered to pay costs of GBP 19,389.46, not to be enforced without leave given his financial circumstances. His subsequent appeal was dismissed by the High Court.
Duties found breached:
- Proper basis for allegations
- No improper communication with the court
- Integrity
- Firm governance, systems and compliance
- Orderly wind-down and contingency cover
- Honour professional undertakings
Aggravating factors:
- Dishonesty found in relation to allegations one and two
- Ignored multiple hallmarks of mortgage fraud
- Had prior knowledge of an earlier similar fraudulent transaction (190 L Road) involving Expedited Ltd before acting for Mr & Mrs S
- Not a credible witness; evidence confusing, unconvincing and inconsistent, contradicting his firm's contemporaneous correspondence
- Previous appearance before the Tribunal in October 2009
Mitigating factors:
- Suffering from stress/ill health since mid-2007 with supporting medical evidence
- No personal financial gain from the fraud
- Claimed to have naively trusted his staff