Davina Charlton
Allegation / charges
Breaches, Code of Conduct for Solicitors, REL's & RFL's 2019, Recklessness, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The SRA alleged that solicitor Davina Charlton sent misleading correspondence to her client's daughter and son-in-law (7 April and 13 May 2022) and to the firm's Professional Standards Team (27 July 2022) by omitting to disclose that the client's LPA applications had only been sent to the OPG on 6 April 2022, in breach of Principles 2, 4 and 5 and Paragraph 1.4 of the Code, with dishonesty and, alternatively, recklessness alleged. The Tribunal found Ms Charlton genuinely believed the LPAs had been sent in November 2021, that her emails were factually accurate responses, and that she did not intend to mislead. It considered her credible, noting her heavy workload (around 130 files), limited administrative support and systemic failures at the Derby office. The Tribunal gave little weight to disputed, unagreed disciplinary meeting notes relied on by the SRA. It found no dishonesty, no lack of integrity, and no recklessness. All allegations were found not proved and dismissed, with no order as to costs.
Codes & rules applied
Duties engaged
- Act only on proper, lawful instructions
- Advise on alternatives, settlement and outcome
- Avoid wasting the court's time
- Cease acting on client perjury or disobedience
- Client-care and engagement terms
- Client confidentiality
- Competence
- Complaints procedure and handling
- Comply with and respect court orders
- Comply with rules of foreign jurisdictions
- Continuity and handover of representation
- Cooperate openly with regulators
- Costs and fee transparency to client
- Diligence and timeliness
- Disclose adverse law to the court
- Disclose material information to client
- Disclose referrals, commissions and benefits
- Fair dealing with unrepresented parties
- Fair, reasonable and lawful fees
- Full disclosure on ex parte applications
- Good faith and courtesy to colleagues
- Handle inadvertently received material
- Hold a current practising certificate
- Honour professional undertakings
- Keep client informed and respond promptly
- Maintain competence and CPD
- Manage conflict arising mid-matter
- No abuse of process or coercive powers
- No acting against a former client
- No baseless or threatened misconduct report
- No conflict between current clients
- No direct dealing with represented party
- No improper benefit, loan or bequest
- No improper communication with the court
- No improper fee-sharing or partnership
- No improper questioning of witnesses
- No improper solicitation or touting
- Non-discriminatory acceptance and cab-rank
- No obstruction or victimisation of reporters
- No own-interest conflict
- No payments to witnesses on evidence
- No personal opinion or familiarity with court
- No prejudicial publicity for pending cases
- No standing bail or surety for client
- No taking unfair advantage
- No tampering with or coaching witnesses
- Not mislead the court
- Not mislead third parties or opponents
- Not misrepresent regulated status
- Pay instructed practitioners and agents
- Professional indemnity insurance
- Proper basis for allegations
- Proper termination and return of instructions
- Prosecutorial duty of disclosure
- Prosecutorial fairness and impartiality
- Protect capacity and vulnerable clients
- Protect legal professional privilege
- Report serious misconduct of others
- Safeguard documents and limit liens
- Self-report to the regulator
- Truthful, non-misleading advertising