Att. Gen. v Begg [2012] 2 JLR 342 (13 November 2012)

Att. Gen. v Begg [2012] 2 JLR 342 (13 November 2012)

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.

Citation
[2012] 2 JLR 342
Parties
Applicant: Attorney General; Respondent: Begg
Jurisdiction
Jersey
Judgment Date
13 November 2012
Procedural Posture
Disciplinary Proceedings / Sanction
Outcome
fine imposed
Legal Topics
Misconduct, Sanction, Curatorship, Deception
Professional Discipline Misconduct Sanction Curatorship Deception

Case Brief

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Parties

Attorney General

Applicant

Begg

Respondent

Procedural Posture

Disciplinary Proceedings / Sanction

Legal Issues

  1. 1 What is the appropriate sanction for professional misconduct not amounting to dishonesty?
  2. 2 Is a less severe sanction justified for serious misconduct motivated by friendship rather than personal gain?

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

Orders

  • £25,000 fine