Decision record
(unnamed respondent)
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The Appellant, an unqualified legal assistant at Estate & Corporate Solicitors Ltd, appealed against an SRA Adjudicator's disqualification order imposed under s.99 of the Legal Services Act 2007. He had acted outside his authority in injunctive proceedings, failed to notify the court his firm was on record, gave incorrect advice that an injunction had lapsed leading to its breach, and exposed his client to contempt proceedings and risk of imprisonment. The Adjudicator found breaches of Principles 2 and 7 of the SRA Principles 2019. The Tribunal, applying a review standard, found the Adjudicator applied the correct legal framework and that the findings and disqualification were proportionate and within reasonable bounds. The appeal was dismissed and the Appellant ordered to pay £15,247 costs. No express finding of dishonesty was made.
Duties found breached:
- Disclose adverse law to the court
- No abuse of process or coercive powers
- No improper communication with the court
- Fair dealing with unrepresented parties
- No conflict between current clients
Aggravating factors:
- Conduct posed a serious risk to the client, including risk of wrongful imprisonment
- Persistent and grossly incompetent failings
- Ignoring court orders
- Litigating without authority
Mitigating factors:
- Lack of qualification as an unqualified case handler
- Firm's supervisory failings
- No prior regulatory history
- Genuine insight and remorse shown
- Belief he was acting in client's best interests
Duties engaged
- Disclose adverse law to the court
- No abuse of process or coercive powers
- No improper communication with the court
- Fair dealing with unrepresented parties
- No bribery or improper gifts
- Personal probity and fitness to practise
- Uphold public trust in the profession
- Act in the client's best interests
- Advise objectively, not a mere conduit
- No conflict between current clients
- Competence