Sivasubramaniam Sivananthan

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

Sivasubramaniam Sivananthan, a sole principal admitted in 1991, was found to have failed entirely to supervise his practice, particularly an unadmitted practice manager (Mr Sabharwal), leading to a client account shortfall of over £35,000, improper transfers from client to office account, breaches of numerous undertakings totalling £783,992.62, and transmission of mortgage funds to a non-existent solicitors' firm. The OSS expressly did NOT allege dishonesty, only failure to supervise. The Tribunal found all six allegations substantiated, including allegation (a) that he compromised his independence/integrity by passing his independence to his unadmitted practice manager. Despite mitigation, the Tribunal found his complete abrogation of duty warranted striking off to protect the public. He was struck off the Roll and ordered to pay costs of £3,172.50.

Duties found breached:

• Professional independence
• No taking unfair advantage
• Uphold public trust in the profession
• No improper use of client money
• Competence
• No improper solicitation or touting

Aggravating factors:

• Complete abrogation of duty as sole principal
• Failure to supervise an unadmitted practice manager resulting in significant client account shortfall (£35,165.37)
• Significant number of breaches of undertakings (twelve undertakings totalling £783,992.62)
• Transmission of mortgage funds to a non-existent firm (Shaizir & Co)
• Failed to appreciate the seriousness of what had occurred even during his evidence
• Claims on Compensation Fund standing at £68,662.19

Mitigating factors:

• Respondent may have been misled/a victim of a rogue member of staff
• Unblemished record in Sri Lanka
• Poor health
• Reported the matter to the police
• Apologised to the Tribunal