Javed, R (on the application of) v Solicitors Regulatory Authority

Javed, R (on the application of) v Solicitors Regulatory Authority

The tribunal's findings of dishonesty in relation to the 14 C Avenue transaction were supported by ample evidence and the correct legal test was applied. The sanction of striking off was appropriate given the seriousness of the misconduct. The tribunal's failure to give reasons on some allegations was not material...

Source-derived case information.

Parties
Appellant: Mohammed Ali Javed; Respondent: Solicitors Regulatory Authority
Jurisdiction
England and Wales
Judgment Date
12 January 2012
Procedural Posture
Appeal (administrative) / Judgment on Appeal From Solicitors Disciplinary Tribunal
Outcome
Appeal dismissed
Legal Topics
Solicitor Misconduct, Dishonesty, Mortgage Fraud, Sanctions, Costs
Professional Discipline Legal Profession Regulation Solicitor Misconduct Dishonesty Mortgage Fraud Sanctions Costs

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Parties

Mohammed Ali Javed

Appellant

Solicitors Regulatory Authority

Respondent

Procedural Posture

Appeal (administrative) / Judgment on Appeal From Solicitors Disciplinary Tribunal

  1. 1 Whether the Solicitors Disciplinary Tribunal erred in finding dishonesty and ordering the appellant struck off the Roll of Solicitors
  2. 2 Whether the tribunal failed to give reasons for findings on certain allegations
  3. 3 Whether the tribunal misapplied the test for dishonesty

Ratio Decidendi

The tribunal's findings of dishonesty in relation to the 14 C Avenue transaction were supported by ample evidence and the correct legal test was applied. The sanction of striking off was appropriate given the seriousness of the misconduct. The tribunal's failure to give reasons on some allegations was not material to the outcome. The appellant is to pay the respondent's costs, not to be enforced without leave of the tribunal.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay respondent's costs of the appeal, summarily assessed at £26,101.44, not to be enforced without leave of the Solicitors Disciplinary Tribunal