Decision record
Phillippa Dione Cheong
Allegation / charges
Breaches, Client Money, Delays, Failures, Solicitors' Accounts Rules, Others
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Sole practitioner Phillippa Dione Cheong faced twelve allegations of conduct unbefitting a solicitor, including practising without a practising certificate, breaches of the Solicitors Accounts Rules, releasing mortgage funds without security, misleading other solicitors, failing to account for trust interest to a beneficiary, and repeatedly ignoring correspondence from solicitors and the OSS. The Tribunal found all allegations proved. Although no dishonesty was alleged or found, the misconduct—particularly the failure to account to trust beneficiary Mrs J-D—was so serious that she was struck off the Roll and ordered to pay costs of £14,071.31. Enforcement directions were made in respect of unpaid OSS costs orders. She had a prior 1997 disciplinary finding for similar failures.
Duties found breached:
- No improper communication with the court
- Not mislead third parties or opponents
- Handle inadvertently received material
- No improper benefit, loan or bequest
- No improper use of client money
- Prompt accounting and return of money
- Diligence and timeliness
- Hold a current practising certificate
- Honour professional undertakings
Aggravating factors:
- Previous appearance before the Tribunal in 1997 for similar failures (fine of £1,000)
- Widespread and repeated ignoring of correspondence from solicitors and regulatory body
- Failure to comply with OSS directions
- Distress caused to clients Mrs J-D and the late Mrs HB
- Failure to account for trust interest so serious no one could resolve the mess
- Continued uncertificated practice despite clear warnings
Mitigating factors:
- No dishonesty alleged or found
- Firm in state of decline; sad personal circumstances
- Respondent bankrupt with financial and childcare difficulties
- Some efforts to compensate beneficiary by paying her personal bills
- Cash shortage arose from error and was remedied
Duties engaged
- No improper communication with the court
- Not mislead third parties or opponents
- Handle inadvertently received material
- No improper benefit, loan or bequest
- No improper use of client money
- Prompt accounting and return of money
- Diligence and timeliness
- Hold a current practising certificate
- Honour professional undertakings