The solicitor appealed being struck off. He had given a character reference in circumstances where he did not have justification for the assessment.
Held: ‘The appellant knew that Barclays Bank trusted him to provide a truthful reference. Instead, it received a fiction, on which it acted, which had no basis in fact. ‘ and ‘Neither age nor experience should be needed to teach a solicitor what was obvious. ‘ The Tribunal’s order of suspension was not excessive or out of line with the previous approach to breaches of a solicitor’s obligations. The Law Society, once it had decided to allege dishonesty should have required the applicant to state the basis of his admission, but no injustice had been done.
As to the costs: ‘In considering an award of costs against a public regulator the court must consider on the one hand the financial prejudice to the particular complainant, weighed against the need to encourage public bodies to exercise their public function of making reasonable and sound decisions without fear of exposure to undue financial prejudice, if the decision is successfully challenged. ‘ The tribunal had been wrong to make the order for a contribution to the applicants costs.
Citations:
Times 17-May-2006, [2006] EWHC 643 (Admin), [2006] 3 All ER 675, [2006] 5 Costs LR 696
Links:
Statutes:
Solicitors’ (Disciplinary Proceedings) Rules 1994 4(2), Solicitors Act 1974 46
Jurisdiction:
England and Wales
Citing:
Cited – English v Emery Reimbold and Strick Ltd; etc, (Practice Note) CA 30-Apr-2002
Judge’s Reasons Must Show How Reached
In each case appeals were made, following Flannery, complaining of a lack of reasons given by the judge for his decision.
Held: Human Rights jurisprudence required judges to put parties into a position where they could understand how the . .
Cited – In re Barrell Enterprises CA 1972
A judge has power to reconsider a judgement which he has delivered before the order consequent upon it has been sealed, but the judge should only exercise this power if there are strong reasons for doing so. When oral judgments have been given the . .
Cited – Briggs,Awoloye-Kio v The Law Society QBD 19-Jul-2005
. .
Cited – Langford v The Law Society 2002
A court should not interfere with an order of the Solicitors’ Disciplinary Tribunal unless it was out of line with previous penalties imposed or otherwise plainly wrong. . .
Cited – Bolton v The Law Society CA 8-Dec-1993
The solicitor who had been admitted to the Roll for two years had disbursed clients money to relatives, as part of the conveyance of property without adequate security but in the expectation that the money would be repaid. The Tribunal found that . .
Cited – Langford v The Law Society 2002
A court should not interfere with an order of the Solicitors’ Disciplinary Tribunal unless it was out of line with previous penalties imposed or otherwise plainly wrong. . .
Cited – Briggs,Awoloye-Kio v The Law Society QBD 19-Jul-2005
. .
Applied – Twinsectra Ltd v Yardley and Others HL 21-Mar-2002
Solicitors acted in a loan, giving an undertaking as to its application. In breach of that undertaking they released it to the borrower. The appellants appealed a finding of liability as contributors to the breach.
Held: ‘Money in a . .
Cited – Bradford City Metropolitan District Council v Booth QBD 10-May-2000
The local authority had refused to renew a private hire vehicle licence. That refusal was successfully challenged, and the magistrates had awarded costs on the basis that they should follow the event. The authority appealed.
Held: The . .
Cited – Gorlov v Institute of Chartered Accountants 2001
The court considered the principles applicable when considering an award of costs against a professional body carrying out its disciplinary function. . .
Cited by:
Appeal from – Baxendale-Walker v Law Society CA 15-Mar-2007
The solicitor appealed a finding that he had given a reference which he knew to be inappropriate, and his consequential striking off. The tribunal had found his evidence manifestly untrue.
Held: There were no grounds for disturbing the . .
Lists of cited by and citing cases may be incomplete.
Legal Professions, Costs
Updated: 05 July 2022; Ref: scu.240065