Decision record
Edward Sibley
Allegation / charges
Breaches, Client Money, Solicitors' Accounts Rules
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
SDT case against Edward Sibley (First Respondent) and a second solicitor (name redacted). The First Respondent arranged unsecured loans from client PW's funds to the Firm, himself and other clients without ensuring independent legal advice, breached the Accounts Rules, failed to comply with a Legal Ombudsman decision, failed to give adequate costs information, gave incorrect executor advice, failed to report financial difficulties/bankruptcy, practised as a solicitor while unauthorised at SSSL, and failed to comply with production notices. The Tribunal found dishonesty on allegation 1.8 (substantially overcharging the estate of Ms SS by ~£78,000-£85,000 on ~£92,000 billed), applying the Ivey test; dishonesty on 1.1, 1.2 and 1.13 was not found because his mistaken beliefs were genuinely held. He was struck off and ordered to pay £59,255 costs. The Second Respondent (COLP) admitted breaches of Principles 2, 6, 7 and Accounts Rules relating to the PW loans, failing to report financial difficulties and the LeO award; no dishonesty was alleged or found against him. He was fined £15,000, made subject to a restriction order, and ordered to pay £27,242 costs.
Duties found breached:
- Honesty
- Integrity
- Uphold public trust in the profession
- Non-discriminatory acceptance and cab-rank
- No conflict between current clients
- No improper use of client money
- Cooperate openly with regulators
- Self-report to the regulator
- No baseless or threatened misconduct report
- Not misrepresent regulated status
Aggravating factors:
- Dishonest overcharging of an estate found proven
- Misconduct extended over several years and required planning
- Subordinated clients' interests to his own and the Firm's
- Very experienced solicitor (over 50 years)
- Exploited close personal friendships/situations with minimal scrutiny
- Dismissive approach towards the regulator
Mitigating factors:
- Took significant steps to make good financial losses
- Otherwise unblemished long career
- First Respondent aged 83 and retired from practice
- (Second Respondent) early/full admissions, genuine insight, positive references, personally repaid £96,557 of Firm's creditors, junior partner relying on dominant senior partner
Duties engaged
- Honesty
- Integrity
- No bribery or improper gifts
- Personal probity and fitness to practise
- Uphold public trust in the profession
- No unlawful discrimination or harassment
- Act in the client's best interests
- Advise objectively, not a mere conduit
- Keep client informed and respond promptly
- Complaints procedure and handling
- Non-discriminatory acceptance and cab-rank
- No conflict between current clients
- No improper benefit, loan or bequest
- No improper use of client money
- Competence
- Cooperate openly with regulators
- Self-report to the regulator
- No baseless or threatened misconduct report
- Not misrepresent regulated status