A Fagbenle and E F Volney (pdf)

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

Two members of Global Lawyer LLP - a registered foreign lawyer (First Respondent) and a solicitor (Second Respondent) - faced allegations arising from accounts rules breaches, defective referral agreements, two related conveyancing transactions between themselves (28 Omega Court and 15 Loxley House) involving failures to honour undertakings to discharge existing charges, transactions bearing the hallmarks of mortgage fraud, and a conflict of interest. The Tribunal found all allegations proved and made an express finding of dishonesty against both Respondents under the Twinsectra test in relation to allegations 3-6. The First Respondent was removed from the Register of Foreign Lawyers (with a Section 43 Order) and the Second Respondent was struck off the Roll. Costs of £28,756.73 were ordered jointly and severally.

Duties found breached:

• Honesty
• No conflict between current clients
• Safeguard documents and limit liens
• Report serious misconduct of others
• Honour professional undertakings

Aggravating factors:

• Dishonesty found against both Respondents under the Twinsectra test
• Mortgage funds advanced by lenders used by First Respondent for own purposes (invested in commercial paper) and held unsecured for around 2-4 months in one case and 2 years in another
• Conflict of interest where Second Respondent was purchaser and supervisor for vendor
• Failure to provide handwritten ledgers requested by the investigating officer

Mitigating factors:

• No previous disciplinary sanctions before the Tribunal
• Most accounts issues said to have been corrected before/around the investigation
• Firm had invested in an accounting system intended to comply with the rules
• Referral agreement omissions corrected once pointed out and referral arrangements ceased