The Authority appealed against the sentence imposed on the respondent by the Soicitoirs Discipinary Tribunal. He had been found to have taken undisclosed referral fees in personal injury litigation giving rise to conflicts of interest and to have been dishonest in part. He had been fined. The SRA said this was unduly lenient.
Held: The SRA’s appeal succeeded. Because such proceedings were for the protection of the public and not primariy punitive, personal mitigation would be of less importance. Salsbury had confirmed that a striking off need not always be the result for dishonesty, but the solicitor here had failed to establish any sufficient reason to depart from the normal penalty.
Toulson LJ, Lloyd Jones J
 EWHC 291 (Admin)
Solicitors Act 1974, Solicitors Practice Rules 1990
England and Wales
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 – Law Society v Salsbury CA 25-Nov-2008
The Society appealed against an order quashing the striking-off of the solicitor.
Held: Bolton was still the leading case though the solicitor must be given an opportunity for a fair trial. Though it was not necessary to show a very strong . .
Lists of cited by and citing cases may be incomplete.
Updated: 01 November 2021; Ref: scu.429690