Decision record
Andrew Paul Rose
Allegation / charges
Breaches, Code of Conduct 2011, Dishonesty, Lack of Integrity, SRA Principles 2011
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Andrew Paul Rose, a senior associate solicitor with almost 20 years' experience, filed a claim form for Client A's dental negligence claim knowing the stated value (£5,000) was significantly understated to avoid paying the correct £10,000 court fee, which neither the client nor the firm had paid. Months later, he amended the claim form himself to show a value in excess of £200,000 and a £10,000 fee, and served this falsified document on the Defendant without following CPR procedures or paying the correct fee. The claim was ultimately struck out for invalid service. The Tribunal found both allegations proved, including express findings of dishonesty applying the Ivey test. It rejected his mitigation of exceptional circumstances under Sharma/James, finding no clear link between his personal difficulties and the two acts of dishonesty. He was struck off and ordered to pay £15,000 costs.
Duties found breached:
- Proper basis for allegations
- Act in the client's best interests
- Non-discriminatory acceptance and cab-rank
Aggravating factors:
- Dishonesty found
- Deliberate misconduct occurring on two occasions several months apart
- Second act (falsification) intended to conceal the first wrongdoing
- Mr Rose knew he was in material breach of his obligations
- Degree of planning involved
Mitigating factors:
- Paid costs of counsel and court fee for the unsuccessful strike-out defence
- Misconduct occurred on one file in a previously unblemished career
- Personal difficulties including ill health and death of his mother
- Genuine insight and contrition
- Full and frank admissions at an early stage and cooperation with the SRA
- No previous disciplinary findings
- No personal benefit
Codes & rules applied
Duties engaged
- Overriding duty to the court
- Proper basis for allegations
- Honesty
- Integrity
- 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
- Protect legal professional privilege
- Non-discriminatory acceptance and cab-rank
- Hold a current practising certificate
- Serve justice and improve the law