Decision record
Christopher Yiannakas; Nicholas George Kephalas; YVA Solicitors LLP
Allegation / charges
Code of Conduct for Firms 2019, Solicitors Accounts Rules 2019, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
On an agreed outcome dealt with on the papers, the SDT found the Respondents had breached Rule 2.5 of the SRA Accounts Rules 2019 by retaining £12,800,000 of client funds in the firm's client account (following a commercial property sale) when there was no longer a proper reason to hold them, until distribution on 28 September 2022. The SRA withdrew the Rule 3.3 allegations and the £355,000 refinance allegations. The Tribunal considered the misconduct serious enough that a reprimand was insufficient, but that suspension or strike off was not justified. It imposed fines of £500 each on the First and Second Respondents and £2,500 on the firm (Level 1, lower seriousness), plus £35,000 costs. No dishonesty was alleged or found; breaches were inadvertent with no client loss.
Duties found breached:
- Full disclosure on ex parte applications
- Non-discriminatory acceptance and cab-rank
- No improper use of client money
- Firm governance, systems and compliance
Mitigating factors:
- No loss or harm caused to clients
- Breaches committed inadvertently; Respondents genuinely believed they were complying with the Accounts Rules
- No income generated as a result of the breaches
- Full cooperation with the SRA throughout
- Insight demonstrated and open, frank admissions made
- Extensive remedial measures implemented to prevent repetition, making likelihood of future misconduct low
- No previous disciplinary findings against the First and Second Respondents
- Clients instructed and knew of actions and received interest on funds held
⚠ figures not found verbatim in the source were dropped: ["unverified_fine_amount=3500"]
Codes & rules applied
Duties engaged
- Full disclosure on ex parte applications
- Professional independence
- No bribery or improper gifts
- Personal probity and fitness to practise
- Uphold public trust in the profession
- Advise objectively, not a mere conduit
- Non-discriminatory acceptance and cab-rank
- No improper use of client money
- Prompt accounting and return of money
- Firm governance, systems and compliance