Afolabi v Solicitors Regulation Authority [2012] EWHC 3502 (Admin) (05 December 2012)

Afolabi v Solicitors Regulation Authority [2012] EWHC 3502 (Admin) (05 December 2012)

Given the seriousness of the appellant's misconduct, including two convictions for money laundering and professional misconduct relating to the operation and representation of her firm, the sanction of striking off was not excessive. The tribunal was entitled to consider the appellant's conduct as a whole, and its decisions on sanction and costs were within its discretion and not open to appellate interference.

Citation
[2012] EWHC 3502 (Admin)
Parties
Appellant/respondent: Aminat Adedoyin Afolabi; Respondent/applicant: Solicitors Regulation Authority
Jurisdiction
England and Wales
Judgment Date
05 December 2012
Procedural Posture
Appeal Under Section 49(1)(b) of the Solicitors Act 1974 / Judgment on Appeal From Solicitors Disciplinary Tribunal
Outcome
Appeal dismissed
Legal Topics
Solicitors' Professional Misconduct, Money Laundering Offences, Sanctions for Professional Misconduct, Costs in Disciplinary Proceedings
Professional Discipline Criminal Law Solicitors' Professional Misconduct Money Laundering Offences Sanctions for Professional Misconduct Costs in Disciplinary Proceedings

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Parties

Aminat Adedoyin Afolabi

Appellant/respondent

Solicitors Regulation Authority

Respondent/applicant

Procedural Posture

Appeal Under Section 49(1)(b) of the Solicitors Act 1974 / Judgment on Appeal From Solicitors Disciplinary Tribunal

Legal Issues

  1. 1 Whether striking off the appellant from the Roll of Solicitors was a disproportionate sanction for the misconduct found
  2. 2 Whether the costs orders made by the Solicitors Disciplinary Tribunal were appropriate

Ratio Decidendi

Given the seriousness of the appellant's misconduct, including two convictions for money laundering and professional misconduct relating to the operation and representation of her firm, the sanction of striking off was not excessive. The tribunal was entitled to consider the appellant's conduct as a whole, and its decisions on sanction and costs were within its discretion and not open to appellate interference.

Court Disposition

Appeal dismissed

Orders

  • Appellant to remain struck off the Roll of Solicitors
  • Costs orders of the tribunal reinstated; appellant to pay one third of the costs of the first hearing and half the costs of the second hearing