Source: All England Reporter
Publisher Citation: [2015] All ER (D) 23 (May)
Neutral Citation: [2015] EWHC 1237 (Admin)
Court: Queen's Bench Division, Administrative Court (London)

Mr Justice Mostyn

Representation Colin Banham (instructed by Absolute Barrister) for the appellant.
  James McClelland (instructed by Blake Morgan LLP) for the respondent.
Judgment Dates: 5 May 2015


Solicitor - Disciplinary proceedings - Appeal - Solicitors Disciplinary Tribunal finding allegations against appellant being proved, and ordering suspension and payment of £4,000 costs - Appellant appealing against sanction - Whether sanction manifestly excessive and disproportionate.

The Case

Solicitor Disciplinary proceedings. The Solicitors Disciplinary Tribunal (the SDT) found allegations against the appellant proved, and ordered the appellant to be suspended for two years and to pay 4,000 in costs. The appellant appealed against the sanction. The Administrative Court, in allowing the appeal, held that a suspension for two years would only be appropriate where the facts had been close to warranting an order striking the solicitor off. In the present case, the period of suspension had been much too long and the appropriate period of suspension was one year. However, a one-year condition would be attached to the appellant's practising certificate.

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