Decision record
Duncan John Dollimore
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
This was an application by the SRA for leave to enforce a costs order of £10,000 originally made on 16 April 2016 when the Respondent was struck off, which had been marked not to be enforced without Tribunal leave. Given the Respondent's improved financial circumstances (employment with ~£50,000 salary and a 5% equitable interest in a property worth ~£16,000) and his acceptance that he was no longer impecunious, the Tribunal granted leave to enforce, varying the original order. The Tribunal rejected the SRA's claim that increased costs were the Respondent's fault, instead attributing them to a misconceived Consent Order that had improperly sought interest beyond statutory entitlement. It awarded costs of £1,000 rather than the £4,416 sought, applying Barnes v SRA regarding ability to pay by instalments.
Mitigating factors:
- Respondent represented himself in difficult circumstances
- Confusion arising from concerns raised over the Consent Order contributed to failure to reach agreement
- Applicant had sought to recover interest to which it was not statutorily entitled
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