Decision record
Stella Peter, Kate U Echeazu & Frank N Ezuma
Allegation / charges
Breaches, Failures, Solicitors' Accounts Rules, Others
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Three solicitors, partners at Phoenix Nova Solicitors, faced disciplinary proceedings over systemic conveyancing and accounts failures. The First and Second Respondents were found to have misrepresented purchase prices to lenders, failed to report incentives and other required information, and inadequately supervised staff. The Third Respondent was found dishonest under the Twinsectra test for making an improper client account payment causing a shortage of nearly £1 million. All three were struck off the Roll. Dishonesty was expressly found only against the Third Respondent; no dishonesty was alleged or found against the First and Second Respondents. Total costs of £18,000 were apportioned (£4,000, £5,000 and £9,000 respectively).
Duties found breached:
- Proper basis for allegations
- No improper communication with the court
- Not mislead third parties or opponents
- Accounting records, reconciliation and reports
- Safeguard documents and limit liens
- Diligence and timeliness
- Supervise staff and delegated work
- Honour professional undertakings
Aggravating factors:
- Systemic and multiple failures at the highest end of the scale
- Previous appearance before Tribunal in March 2007 for accounts rule breaches
- Catastrophic consequences for the public and profession including lost money and claims on Compensation Fund
- Lack of engagement by Second and Third Respondents
- Third Respondent's dishonest conduct causing cash shortage of almost £1 million
Mitigating factors:
- First Respondent cooperated throughout and engaged with proceedings
- First Respondent had unblemished practice for over 20 years before the partnership
- First Respondent's personal circumstances - widow, sick daughter with sickle cell anaemia, own poor health
- First Respondent took steps to notify insurers and SRA on return
- Good character references for First Respondent
- First Respondent was out of the country when the shortage occurred
Duties engaged
- Proper basis for allegations
- No improper communication with the court
- Honesty
- Not mislead third parties or opponents
- Keep client informed and respond promptly
- No improper use of client money
- Accounting records, reconciliation and reports
- Safeguard documents and limit liens
- Diligence and timeliness
- Supervise staff and delegated work
- Honour professional undertakings