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
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohammed Ali Javed
Appellant
Solicitors Regulatory Authority
Respondent
Procedural Posture
Appeal (administrative) / Judgment on Appeal From Solicitors Disciplinary Tribunal
Legal Issues
- 1 Whether the Solicitors Disciplinary Tribunal erred in finding dishonesty and ordering the appellant struck off the Roll of Solicitors
- 2 Whether the tribunal failed to give reasons for findings on certain allegations
- 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
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