Anil Bance & Davinder Singh Cheema

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

Two partners of Ascot and Chase Solicitors faced allegations arising from misuse of client account and mortgage advances. The Tribunal found all allegations substantiated, including breaches of the Solicitors' Accounts Rules 1998 (round sum transfers totalling £188,780, minimum cash shortage of £341,393.25, failure to reconcile and keep records) and breaches of the Solicitors' Code of Conduct 2007 (lack of integrity, failure to act in clients' best interests, breach of undertakings, conflict of interest) regarding four property transactions where lender mortgage advances were misused, leaving lenders unsecured. Applying the Twinsectra test, the Tribunal found both Respondents dishonest in respect of allegations 1.1 and 1.4. Both were struck off the Roll and ordered to pay reduced costs of £16,085 (First Respondent one-third = £5,360; Second Respondent two-thirds = £10,725).

Duties found breached:

• Proper basis for allegations
• Integrity
• No own-interest conflict
• No conflict between current clients
• No improper use of client money
• Accounting records, reconciliation and reports
• Honour professional undertakings

Aggravating factors:

• Misuse of mortgage advances totalling substantial sums leaving lender clients unsecured
• Minimum cash shortage of £341,393.25 admitted
• Round sum transfers to ease cash flow and avoid overdraft limit breach
• Clear conflict of interest in transactions where Respondents/family were borrowers
• Failure to provide clear, consistent explanations
• Second Respondent abdicated all responsibility and did not attend

Mitigating factors:

• First Respondent attended and showed some remorse and responsibility
• Character references including from a solicitor and Queen's Counsel
• No previous disciplinary findings
• First Respondent's serious ill health over a two-year period
• Cooperative and upfront with investigators about the state of the books
• Personal/family financial difficulties