The claimant appealed his striking off the roll of solicitors. He said he had not been dishonest. He was said to have made entries to show receipts into client account to support payments out when such receipts had not occurred. He denied this was dishonest. He also said hat the first allegation of dishonesty was made on the morning of the hearing.
Held: the Tribunal had correctly, if clumsily, applied the Twinsectra test. The respondent had not included the allegation of dishonesty expressly in its notice of proceedings. ‘. . . the failure expressly to allege or particularise dishonesty in a document in advance of the hearing constituted a procedural flaw. ‘ The decision was quashed. However ‘the sanction of striking off may well be appropriate even in cases where dishonesty is not proved but where it is clear that a solicitor has fallen short of the required standards of integrity, probity and trustworthiness. ‘ and the present case is one of wide-ranging and serious conduct unbefitting a solicitor over a long period of time and in the face of a very clear warning on the earlier occasion. Even without proof of dishonesty, the appropriate penalty for the protection of the public and the maintenance of the reputation of the profession is and remains an order that the appellant be struck off the Roll of Solicitors.
Judges:
Mr Justice Penry-Davey Lord Justice Maurice Kay
Citations:
[2005] EWHC 2915 (Admin)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – 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 – 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 – In the matter of a solicitor (Jiwaji) CA 2-Feb-2000
The applicant sought to have set aside an order that he be struck off the roll of solicitors.
Held: The appeal failed. ‘It is true that no loss was in the result caused to any client and that the solicitor is not accused of dishonesty. . .
Lists of cited by and citing cases may be incomplete.
Legal Professions
Updated: 04 July 2022; Ref: scu.237824