Decision record
Erien Dubash
JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number10235/2009
Date01/01/2009
OutcomeStrike off
Allegation / charges
Breaches, Criminal Convictions
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
SanctionStrike Off
CostsGBP 600
Dishonesty foundYes
The respondent solicitor was convicted in the Crown Court of furnishing false information contrary to s.17(1)(b) Theft Act 1968, having submitted 1440 false delay-refund claims to Transport for London over three years, obtaining £3,885.70. She was sentenced to a community order, compensation and costs. Before the SDT she admitted breaching Rule 1.06 of the Solicitors Code of Conduct 2007. The Tribunal distinguished the merciful Burrowes decision (the misconduct here was not isolated), applied Salsbury and Bolton, and struck her off the Roll. She was ordered to pay reduced costs of £600.
Duties found breached:
Aggravating factors:
- Conduct repeated over a period of more than three years (January 2004 to April 2007), not isolated
- 1440 false claims submitted (about 1.5 per day)
- Previous Tribunal findings in April 2002 (breach of Solicitors Publicity Code; fined £5,000 plus costs)
- Criminal conviction for a dishonesty offence described by the sentencing judge as 'thoroughly dishonest deception'
Mitigating factors:
- Admitted the allegation and appeared before the Tribunal
- Clinically depressed and at a low ebb at the material time
- Character references submitted
- Expressed remorse and regret
- Pleaded guilty in the criminal proceedings