Alberto Khadra-Pozo

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

Alberto Khadra-Pozo, admitted 2004, faced allegations arising from immigration and debt-recovery matters. The Tribunal found proved that he signed a statement of truth wrongly confirming compliance with the pre-action protocol and submitted an incompetently drafted judicial review application implying Home Office delay since 2015 (Principles 1, 2, 6 and Outcomes), that he failed to respond to Client A's request for return of money (Principles 4, 6), that he dishonestly told Client C no £2,000 had been received when it had been paid and acknowledged (Principles 2, 6, dishonesty), and that he dishonestly described himself as a notary public (Principles 2, 6, Outcome 8.1, dishonesty). Allegations concerning Client M (2.2, 3.1), Client C's acceptance of instructions (2.3) and certain dishonesty allegations were not proved. Despite express findings of dishonesty, the Tribunal found exceptional circumstances - chiefly the Respondent's severe ill-health impairing judgment, short-lived dishonesty, no financial gain, and limited harm - such that striking off would be unjust. It imposed an indefinite suspension and ordered £750 costs (reduced from £47,653 for partial success and the Respondent's limited means).

Duties found breached:

• Proper basis for allegations
• Prosecutorial duty of disclosure
• Not mislead third parties or opponents
• Advise on alternatives, settlement and outcome
• No improper use of client money

Aggravating factors:

• Dishonesty
• Repeated misconduct
• Some misconduct (notary public description) continued over a period of time until corrected
• Respondent knew or ought reasonably to have known he was in material breach of his obligations
• Previous disciplinary finding (2009), though considered of limited relevance

Mitigating factors:

• No financial gain, intended or actual
• Severe ill-health at the material time which impaired judgment
• Admissions and genuine insight into the notary public allegation
• Notary public issue rectified before the SRA became involved
• Cooperation with the SRA and Tribunal despite ongoing poor health
• Humanitarian, non-financial motivation; assistance to the community
• Misconduct largely confined to a matter of months in 2018