Eric Kawoya Kabuye

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

Mr Kabuye, sole director and de facto COLP/COFA of Queenscourt Law Ltd t/a Hamilton Solicitors, faced allegations relating to facilitation of fraudulent/potentially fraudulent property transactions causing client account shortages (minimum £825,368, up to £1,610,000), misuse of the client account as a banking facility, lack of control and supervision, and failure to cooperate with the SRA. He admitted allegations 1.1 and 1.2; the Tribunal found 1.3, 1.4 and 1.5 (manifest incompetence) proved. The Tribunal expressly found no lack of integrity and no dishonesty, attributing failures to ineptitude rather than intent. Given his manifest incompetence limited to conveyancing and management, his otherwise good record since 2003 and remorse, the Tribunal imposed a 6-month suspension, itself suspended for 12 months, with practice conditions, plus costs of £7,500 (reduced from £53,945 due to limited means).

Duties found breached:

• Cooperate openly with regulators
• Firm governance, systems and compliance
• Handle inadvertently received material
• No conflict between current clients
• No improper use of client money
• Segregate client money
• Uphold public trust in the profession

Aggravating factors:

• Manifest incompetence in conveyancing practice and management/oversight of the firm
• Systemic failures sustained over a significant period rather than isolated lapses
• Permitted unregulated/sanctioned individuals (e.g. disbarred Mr Mian, s.43-subject Mr John-Cyrus) to operate within the firm
• Failure to supervise high-risk transactional work by unadmitted fee-earners
• Significant client account shortages (minimum £825,368, potentially up to £1,610,000) never replaced
• Harm to property owners who bore legal and renovation costs

Mitigating factors:

• Effectively clean/unblemished regulatory record since admission in 2003
• Genuine remorse, shame and insight into failings
• No finding of dishonesty or lack of integrity
• Reported concerns to indemnity insurer and SRA ethics line
• Voluntarily confined himself to a limited role, stepped away from conveyancing and management
• Positive testimonials from referees including regulated professionals
• Limited financial means; lost his firm through intervention
• Conduct isolated in time and practice area