Bhaskar Subramaniam - J
Allegation / charges
Breaches, Failures, Solicitors' Accounts Rules
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The Respondent, a partner at Stafford Solicitors, acted in eleven conveyancing transactions for connected purchasers (Mr K and Mr L, directors of PB (UK) Ltd/PF) that bore the hallmarks of mortgage fraud, involving sub-sales, direct deposit payments and altered purchase prices, and failed to disclose material facts to lender clients who suffered substantial losses. He also allowed a cash shortage of £34,199.26 on client account, failed to provide indemnity insurance details, and failed to pay insurance premiums. The Tribunal found dishonesty proved on allegations 1.1 and 1.2 (but not 1.3, which failed the objective test), found allegations 1.1,1.2,1.3,1.5,1.6 proved (1.4 not proved), and struck him off with costs of £27,000. A subsequent High Court appeal was dismissed with costs of £9,598.
Duties found breached:
- Proper basis for allegations
- Not mislead third parties or opponents
- No improper use of client money
- Professional indemnity insurance
Aggravating factors:
- Substantial loss caused to lender clients
- Conduct at the high end of professional misconduct
- Breach of trust of lender clients and bringing the profession into disrepute
- Provided false/amended ledgers to solicitors acting for the Assigned Risks Pool
- Signed misleading Certificates of Title
Mitigating factors:
- Cooperated with and was fairly open with the investigating officer
- Brought down the client account shortage over time by borrowing from friends and family