Source: All England Reporter
Publisher Citation: [2002] All ER (D) 108 (Oct)
Neutral Citation: [2002] EWHC 2030 (Admin)
Court: Divisional Court

Brooke LJ and Bell J

Representation Philip Havers QC (instructed by Iyama & Co) for the appellant.
  Gregory Treverton Jones QC (instructed by JST Mackintosh) for the respondent.
Judgment Dates: 9 October 2002


Solicitor - Disciplinary proceedings - Sentence - Appeal - Solicitor holding herself out as partner of firm subject to investigation - Solicitor's Disciplinary Tribunal determining solicitor failing to demonstrate probity, integrity and trustworthiness required of a solicitor - Tribunal striking solicitor off role - Whether penalty disproportionate.

The Case

The penalty of striking of a solicitor was too extreme in circumstances where there was no substantive charge of dishonesty or recklessness, no finding that the Legal Aid Fund, or anybody else paid out any money in respect of unjustified claims put forward by a solicitor or by staff under her supervision, no finding that she was paid anything in the course of matters complained of, no finding of any cash shortages in relation to her clients and no previous conviction relating to an earlier period.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.