Decision record
Bernardo De Abbeville Paz-Penia De Vire
JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number9626/2006
Date01/01/2006
OutcomeSuspend - Indefinite
Allegation / charges
Breaches, Failures
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
SanctionFine
FineGBP 2,000
CostsGBP 991
Dishonesty foundNo
Sole practitioner solicitor admitted conduct unbefitting a solicitor for failing to deliver Accountant's Reports for years ending 31 March 2003 and 2004 and failing to comply with two Adjudicator directions. The Tribunal, noting his ill-health and lack of harm to clients but also the lengthy non-compliance, imposed a £2,000 fine, ordered £991 costs, and made a conditional order that he file outstanding Reports (or obtain a waiver) within 90 days or face indefinite suspension from 4 October 2007. No dishonesty was found.
Duties found breached:
- No improper communication with the court
- Advise on alternatives, settlement and outcome
- Prompt accounting and return of money
- Diligence and timeliness
Aggravating factors:
- Long period of non-compliance dating back to Reports due in 2003
- Failed to send in bank statements despite being given opportunity to seek a waiver
- Accountant's Reports are an essential part of public protection
Mitigating factors:
- Serious bouts of depression in 2005 and 2006, hospitalised in Spanish psychiatric hospital
- No complaints, claims or harm to clients or the public over 10 years in practice
- Admitted the allegations and cooperated
- Financial difficulties and unemployment
- Willingness to put matters right