Att. Gen. v Begg [2012] 2 JLR 342 (13 November 2012)
- Citation
- [2012] 2 JLR 342
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Disciplinary Proceedings / Sanction
More details
- Posture
- Disciplinary Proceedings / Sanction
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Serious misconduct, even if motivated by friendship and not personal gain, warrants significant sanction; knowingly assisting an interdict to breach a curatorship order and deceiving the UK Department of Work and Pensions to redirect pension funds constitutes serious professional misconduct.
Court disposition
fine imposed
Orders
- £25,000 fine
02
Material facts
Parties
Attorney General
ApplicantBegg
RespondentAmounts and remedies
- Fine: GBP 25,000
03
Procedural history
Posture
Disciplinary Proceedings / Sanction
04
Questions and positions
Legal issues
- 01
What is the appropriate sanction for professional misconduct not amounting to dishonesty?
- 02
Is a less severe sanction justified for serious misconduct motivated by friendship rather than personal gain?
Party arguments
- Applicant
- Advocate should be struck off or suspended for serious misconduct, even if not amounting to dishonesty.
- Respondent
- Less severe sanction is appropriate due to motivation by friendship and absence of personal gain.
05
Court’s reasoning
Legal principles
- 01
Jersey Law Reports
Advocate usually struck off or suspended for misconduct not amounting to dishonesty; less severe sanction appropriate only in very unusual cases.
06
Ratio, limits and disposition
Ratio decidendi
Serious misconduct, even if motivated by friendship and not personal gain, warrants significant sanction; knowingly assisting an interdict to breach a curatorship order and deceiving the UK Department of Work and Pensions to redirect pension funds constitutes serious professional misconduct.
Court disposition
fine imposed
- £25,000 fine
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Att. Gen. v Begg [2012] 2 JLR 342 (13 November 2012) URL: https://www.bailii.org/je/cases/JLR/2012/JLR122342.html Cite as: [2012] 2 JLR 342 [ New search ] [ Help ] Att. Gen. v Begg 2012 (2) JLR 342 (13 November 2012) Advocates-disciplinary proceedings-sanction for professional mis-conduct-advocate usually struck off or suspended for misconduct not amounting to dishonesty-less severe sanction appropriate only in very unusual cases-serious misconduct (even if motivated by friendship not personal gain) knowingly to assist interdict to breach curatorship order and to deceive UK Department of Work and Pensions to procure redirection of pension from curatorship to own client account-£25,000 fine The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2012 (2) JLR 342 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2012/JLR122342.html
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