Decision record
Selwyn Kennedy Noel
Allegation / charges
Breaches, Failures, Solicitors' Accounts Rules, Others
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Selwyn Kennedy Noel, a sole practitioner admitted in 1984, faced multiple allegations of conduct unbefitting a solicitor. The Tribunal found proved breaches including breach of undertaking, offensive/derogatory correspondence, acting with a conflict of interest, disclosing confidential Children Act documents to the Bar Council without leave, accounts rules breaches, non-payment of the assigned risks pool premium, and practising in breach of a practising certificate condition. Allegation 11 (failure to maintain insurance) was found not substantiated due to conflict with the premium allegation, Allegation 1 was subsumed, and Allegation 9 was withdrawn. No dishonesty was alleged or found. Given the cumulative seriousness, the Respondent's failure to appreciate his failings, and a previous 2000 suspension, the Tribunal suspended him indefinitely and ordered costs subject to detailed assessment.
Duties found breached:
- Not mislead the court
- No improper communication with the court
- Personal probity and fitness to practise
- No conflict between current clients
- No improper use of client money
- Good faith and courtesy to colleagues
Aggravating factors:
- Number of allegations substantiated
- Failure to recognise his failings and lack of admissions despite strong evidence
- Lack of appreciation of the seriousness of the matters
- Previous appearance before the Tribunal in May 2000 (six-month suspension for misleading the Court of Appeal)
- Respondent represented a danger to the public if allowed to continue in practice
Mitigating factors:
- Long career in the legal profession of over 30 years
- Poor health
- Financial difficulties
- Small amounts involved in accounts breaches (£91 shortage described as innocent error)
⚠ figures not found verbatim in the source were dropped: ["review_dishonesty_finding_cue_present"]
Duties engaged
- Overriding duty to the court
- Not mislead the court
- No improper communication with the court
- Personal probity and fitness to practise
- Client confidentiality
- Complaints procedure and handling
- No conflict between current clients
- No improper use of client money
- Professional indemnity insurance
- Honour professional undertakings
- Good faith and courtesy to colleagues