Selwyn Kennedy Noel
Allegation / charges
Breaches, Failures, Solicitors' Accounts Rules, Others
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Selwyn Kennedy Noel, a sole practitioner, faced multiple allegations of conduct unbefitting a solicitor. The Tribunal found proved breach of an undertaking, offensive/derogatory correspondence, acting in conflict of interest, unauthorised disclosure of confidential Children Act court documents, two Accounts Rules breaches (a modest £91 shortage), failure to pay the Assigned Risks Pool premium, and practising in breach of a Practising Certificate condition. Allegation 11 (no insurance) and the general Rule 1 allegation were not substantiated; Allegation 9 had been withdrawn. No dishonesty was alleged or found. Given the cumulative seriousness, the Respondent's lack of insight, his prior six-month suspension, and the need to protect the public and the profession's reputation, the Tribunal suspended him from practice indefinitely from 1 July 2003 and ordered him to pay costs subject to detailed assessment unless agreed.
Duties found breached:
- Not mislead the court
- Full disclosure on ex parte applications
- No acting against a former client
- No conflict between current clients
- No improper use of client money
- Hold a current practising certificate
- Good faith and courtesy to colleagues
Aggravating factors:
- Number of allegations substantiated
- Respondent unable to recognise his failings and made no admissions despite strong evidence
- Lack of appreciation of seriousness
- Previous appearance before the Tribunal in May 2000 resulting in six-month suspension for misleading the Court of Appeal
- Respondent represented a danger to the public if allowed to continue in practice
Mitigating factors:
- Long legal career of over 30 years
- Poor health
- Financial difficulties
- No allegation of dishonesty
⚠ figures not found verbatim in the source were dropped: ["review_dishonesty_finding_cue_present"]
Duties engaged
- Overriding duty to the court
- Not mislead the court
- Full disclosure on ex parte applications
- Client confidentiality
- Complaints procedure and handling
- No acting against a former client
- No conflict between current clients
- No improper use of client money
- Professional indemnity insurance
- Hold a current practising certificate
- Honour professional undertakings
- Good faith and courtesy to colleagues