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You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Solicitors Regulation Authority Ltd v Dentons UK and Middle East LLP [2025] EWHC 535 (Admin) (11 March 2025) URL: http://www.bailii.org/ew/cases/EWHC/Admin/2025/535.html Cite as: [2025] EWHC 535 (Admin) |
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KING'S BENCH DIVISION
ADMINISTRATIVE COURT
Strand, London, WC2A 2LL |
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B e f o r e :
____________________
SOLICITORS REGULATION AUTHORITY LIMITED |
Appellant |
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- and - |
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DENTONS UK AND MIDDLE EAST LLP |
Respondent |
____________________
Richard Coleman KC and Marianne Butler (instructed by Kingsley Napley LLP) for the Respondent
Hearing date: 29 January 2025
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Crown Copyright ©
Mrs Justice Lang:
1.1. breached Regulation 14(4)(b) and/or Regulation 14(4)(c) of the Money Laundering Regulations 2007 (the "MLRs 2007");
1.2. breached all or any of Principles 6, 7 and 8 of the Solicitors Regulation Authority ("SRA") Principles 2011 ("the Principles");
1.3. failed to achieve Outcome 7.5 under the SRA Code of Conduct 2011 ("the Code").
i) misdirected itself that there was an additional or threshold requirement for the SRA to prove, namely, that the Firm's breach of Regulation 14 of the MLRs 2007 was "serious, reprehensible and culpable such that it amounted to professional misconduct"; and
ii) failed to have regard, or give effect, to the wording and purpose of the MLRs 2007, Principle 7 of the Principles and Outcome 7.5 of the Code.
Facts
"9.370 The Tribunal agreed that the relevance of the KCS Report was to the Firm's duty of ongoing monitoring. The Tribunal noted the inconsistencies within the KCS Report, and the fact that, as submitted by Mr Coleman KC, there was no evidence to substantiate the assertions made therein. The Tribunal also agreed with the submission that the Firm had considered the KCS Report with care, (as was evidenced by the contemporaneous communications) and came to the conclusion that it was able to continue acting. This was a matter of professional judgment, and given the content of the Report, was a judgment that the Firm was entitled to make. To the extent that the SRA relied on the KCS Report as evidence of any breach on the Firm's part as regards its MLR obligations, those were not accepted by the Tribunal. At most, it was found, the KCS Report might have put the Firm on notice that further enquiries were appropriate. However, as detailed, the Firm considered, in reliance on Mr Chateau, that its obligations in that regard had been satisfied. Further, there was nothing in the KCS Report that cast doubt on what the Firm considered to be Client A's source of wealth or source of funds."
"9.374 The Firm relied upon the actions of Mr Chateau as regards establishing sources of wealth and funds. The Tribunal accepted that the Firm had, in good faith, relied on the assertions made by Mr Chateau that Client A's wealth derived from his business activities prior to the acquisition of his shareholding in the Bank, and subsequently his 30% share in the Bank. However, it was clear that Mr Chateau had failed to ask the relevant questions of Client A in order to satisfy the obligations under Regulation 14. As detailed above, Mr Chateau did not ask Client A questions about his wealth or source of funds as "it is not the culture … because we don't do that in Europe … this is not something we do".
9.375 Whilst it might have been plain to Mr Chateau that Client A was wealthy, this was not the same as establishing the source from which that wealth arose. Equally, knowledge that Client A was in funds did not equate to establishing source of funds. And establishing the source from which that wealth and those funds arose was what was required by the MLRs.
9.376 The Firm and the other partners who worked on matters for Client A, had all relied on Mr Chateau to have established source of wealth at the outset of the retainer. That this was the case was clear from the interviews with the matter partners and others at the Firm. That erroneous belief meant, the Tribunal found, that the failure to establish source of wealth endured throughout the retainer, including in relation to the purchase of Property 1 and the aborted Purchase of Property 2.
9.377 In failing adequately (or even reasonably) to establish source of wealth, the Tribunal found that the Firm had breached Regulation 14 as alleged."
"9.379 The Tribunal considered with care the case law that it had been referred to by the parties. The Tribunal did not accept that Principle 7 and Outcome 7.5 were, in effect, strict liability. As had been submitted, if that was the case, every breach that failed to comply with applicable legislation, (no matter how trivial or inadvertent) would amount to a breach of Principle 7 and Outcome 7.5.
9.380 The test to be applied was, as had been submitted, whether the breach was serious, reprehensible and culpable such that it amounted to professional misconduct.
9.381 The Tribunal accepted that whilst the breach was enduring, it had been inadvertent. As detailed above, the Firm had relied on what it was told by Mr Chateau, in the belief that Mr Chateau had complied with Regulation 14. It was plain that the breach was not systemic, indeed, the Firm had been commended by the SRA for its AML systems and controls. Those systems and controls had been deployed by the Firm for each of the Property Transactions. It was clear that the Firm not only had relevant and responsible AML policies in place, but that it enforced those policies.
9.382 The Tribunal found that in all the circumstances, the breach did not amount to a breach of the Principles or Code as alleged; the breach was entirely inadvertent and thus fell within the small category of cases where wrongdoing did not amount to professional misconduct. Accordingly, the Tribunal dismissed allegations 1.2 and 1.3.
9.383 As allegation 1.1 was not a stand-alone allegation as regards professional misconduct, (the Tribunal therefore having no jurisdiction in that regard save for its factual findings) the Tribunal dismissed the matter."
Legal framework
Appeals to the High Court
"94. Fourthly, as regards the approach of the Court when considering whether the Tribunal was "wrong", I refer in particular to Solicitors Regulation Authority v Day [2018] EWHC 2726 (Admin) at §§61-78, Solicitors Regulation Authority v Good [2019] EWHC 817 (Admin) at §§28-32, the Naqvi Judgment at §83, citing Solicitors Regulation Authority v Siaw [2019] EWHC 2737 (Admin) at §§32-35, and most recently, Martin v Solicitors Regulation Authority [2020] EWHC 3525 (Admin) at §§30-33. From these authorities, the following propositions can be stated:
(1) A decision is wrong where there is an error of law, error of fact or an error in the exercise of discretion.
(2) The Court should exercise particular caution and restraint before interfering with either the findings of fact or evaluative judgment of a first instance and specialist tribunal, such as the Tribunal, particularly where the findings have been reached after seeing and evaluating witnesses.
(3) It does not matter, with whatever degree of certainty, that the appellate court considers that it would have reached a different conclusion. What matters is whether the decision under appeal is one that no reasonable judge would have reached. That is a high threshold. That means it must either be possible to identify a critical finding of fact which has no basis in the evidence, or a demonstrable misunderstanding of relevant evidence, or a demonstrable failure to consider relevant evidence. If there is no such identifiable error and the question is one of judgment about the weight to be given to the relevant evidence, the Court must be satisfied that the judge's conclusion cannot reasonably be explained or justified.
(4) Therefore the Court will only interfere with the findings of fact and a finding of dishonesty if it is satisfied that that the Tribunal committed an error of principle or its evaluation was wrong in the sense of falling outside the bounds of what the Tribunal could properly and reasonably decide.
(5) The Tribunal is a specialist tribunal particularly equipped to appraise what is required of a solicitor in terms of professional judgment, and an appellate court will be cautious in interfering with such an appraisal.
Finally, as regards reasons, decisions of specialist tribunals are not expected to be the product of elaborate legal drafting. Their judgments should be read as a whole; and in assessing the reasons given, unless there is a compelling reason to the contrary, it is appropriate to take it that the Tribunal has fully taken into account all the evidence and submissions: Martin, supra, §33."
"32. For these reasons the well-established approach is that an appellate court should not interfere with a finding of fact unless satisfied that the conclusion is "plainly wrong": see McGraddie v McGraddie (above) and Henderson v Foxworth Investments Ltd (above). That means it must either be possible to identify "a critical finding of fact which has no basis in the evidence, or a demonstrable misunderstanding of relevant evidence, or a demonstrable failure to consider relevant evidence" (Henderson v Foxworth Investments Ltd at [67] (Lord Reed)); or if there is no such identifiable error and the question is one of judgment about the weight to be given to the relevant evidence, the appellate court must be satisfied that the judge's conclusion "cannot reasonably be explained or justified" ([67]). Lord Reed made clear that, in determining whether a decision cannot reasonably be explained or justified, "It does not matter, with whatever degree of certainty, that the appellate court considers that it would have reached a different conclusion. What matters is whether the decision under appeal is one that no reasonable judge would have reached." Again, we emphasise, that is a high threshold: see to this effect, Perry v Raleys (above) at [63] (Lord Briggs).
33. The effect of these authorities in the context of an appeal against a decision of the Solicitors Disciplinary Tribunal ("the SDT") was summarised in SRA v Day [2018] EWHC 2726, where, in addition to what we have said above, a number of additional considerations specific to appeals from decisions of the SDT were identified. First, the SDT is a specialist tribunal particularly equipped to appraise what is required of a solicitor in terms of professional judgment, and an appellate court will be cautious in interfering with such an appraisal. Secondly, decisions of specialist tribunals are not expected to be the product of elaborate legal drafting. Their judgments should be read as a whole; and, in assessing the reasons given, unless there is a compelling reason to the contrary, it is appropriate to take it that the tribunal has fully taken into account all the evidence and submissions. That does not mean that a decision which has failed in its basic task to cover the correct ground and answer the right questions will be upheld. A patently deficient decision cannot be converted by argument into an acceptable one."
The regulatory scheme
"6. You must …. behave in a way that maintains the trust the public places in you and in the provision of legal services;
7. You must …. comply with your legal and regulatory obligations and deal with your regulators and ombudsmen in an open, timely and cooperative manner;
8. You must …. run your business or carry out your role in the business effectively and in accordance with proper governance and sound financial and risk management principles."
"You must achieve these outcomes:
….
you comply with legislation applicable to your business, including anti-money laundering and data protection legislation."
MLRs 2007
"14.— Enhanced customer due diligence and ongoing monitoring
(1) A relevant person must apply on a risk-sensitive basis enhanced customer due diligence measures and enhanced ongoing monitoring—
(a) in accordance with paragraphs (2) to (4);
(b) in any other situation which by its nature can present a higher risk of money laundering or terrorist financing.
…
(4) A relevant person who proposes to have a business relationship or carry out an occasional transaction with a politically exposed person must—
(a) have approval from senior management for establishing the business relationship with that person;
(b) take adequate measures to establish the source of wealth and source of funds which are involved in the proposed business relationship or occasional transaction; and
(c) where the business relationship is entered into, conduct enhanced ongoing monitoring of the relationship.
(5) In paragraph (4), "a politically exposed person" means a person who is—
(a) an individual who is or has, at any time in the preceding year, been entrusted with a prominent public function by—
(i) a state other than the United Kingdom…
including a person who falls in any of the categories listed in paragraph 4(1)(a) of Schedule 2…"
"a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when participating in financial or real property transactions concerning—
(a) the buying and selling of real property or business entities;
…
and, for this purpose, a person participates in a transaction by assisting in the planning or execution of the transaction or otherwise acting for or on behalf of a client in the transaction."
Grounds of challenge
The SRA's submissions
i) by holding that there was an additional or threshold requirement for the SRA to prove, namely, that the Firm's breach of Regulation 14 of the MLRs 2007 was "serious, reprehensible and culpable such that it amounted to professional misconduct" (Judgment/9.380); and
ii) by failing to have regard, or give effect, to the wording and purpose of the MLRs 2007, Principle 7 and Outcome 7.5.
i) Rules may be expressed as capable of being breached without the need for fault on the part of the entity or person responsible for compliance with them (e.g. breaches of Account Rules), in order to maintain public confidence (4.9 – 4.20).
ii) At the sanction stage, all of the conventional factors pertaining to the seriousness of the matter may be prayed in aid as relevant. For large corporate entities, substantial financial penalties may be required (4.22 – 4.26).
The Firm's submissions
Conclusions
i) Rule 1.01 of the Code of Conduct 2007: "You must uphold the rule of law and the proper administration of justice." (at [113]).
ii) Rule 1.03 of the Code of Conduct 2007: "You must not allow your independence to be compromised." (at [81]).
iii) Rule 1.06 of the Code of Conduct 2007: "You must not behave in a way that is likely to diminish the trust the public places in you or the legal profession." (at [81]).
iv) Rules 8 and 9 of the Code of Conduct 2007, which restricted the persons and businesses with whom a solicitor could share his professional fees and pay referral fees, operated as a prohibition on fee-sharing save in the specific circumstances identified, and required certain disclosures to be made to the client. (at [171] to [176]).
v) Principle 5 of the Principles: "You must provide a proper standard of service to your clients." (at [146]).
vi) Principle 6 of the Principles: "You must…behave in a way that maintains the trust the public places in you and in the provision of legal services." (at [146]).
"102. [Counsel for the SRA] submitted that the majority erred by applying the wrong test in relation to whether Rule 1.06 was breached: in particular, by asking themselves whether MD's conduct was "so unreasonable" that it amounted to professional misconduct. He said that was an unwarranted gloss on Rule 1.06. That, in our judgment, is an unsustainable criticism (a criticism we also further discuss below). The majority expressly directed themselves at paragraph 141.91 by reference to Rule 1.06; and in so far as they imported notions of reasonableness that plainly was justifiable, given that this was an issue of professional judgment and professional conduct. In this respect, we also found untenable [the SRA's] criticism that reference to "misconduct" distracted attention away from the wording of Rule 1.06. But what, we ask, was this allegation then doing before the Tribunal if it was not an issue of misconduct? It is, overall, plain that issues of seriousness and culpability are relevant to the assessment of whether there had been a breach of Rule 1.03 or Rule 1.06."
"153. [Counsel for the SRA] submitted that the majority erred in their approach to Principle 5 and thereby erred in principle. He said…. that the majority had wrongly introduced considerations of professional misconduct instead of simply focusing on whether or not there had been a breach of Principle 5.
…..
155. Given the context of this case, and given the finding that there was no negligence, we found this debate to be somewhat arid – indeed, although argued below, it seemed, with all respect, to have become before us on appeal little more than a means adopted for seeking to generate a purported point of law with the aim of overcoming the conventional difficulties in challenging an evaluative judgment, based on the evidence, of a specialist tribunal.
156. As we have had cause to ask rhetorically before in this judgment: what was this particular allegation doing before the Tribunal if it was not a matter of professional misconduct? In truth, if such an allegation under Principle 5 is to be pursued before a tribunal then it ordinarily needs to have some inherent seriousness and culpability. It no doubt can be accepted that negligence may be capable of constituting a failure to provide a proper standard of service to clients. But even so, questions of relative culpability and relative seriousness surely still come into the equation under this Principle if the matter is to be the subject of disciplinary proceedings before a tribunal. We do not, we emphasise, say that there is a set standard of seriousness or culpability for the purposes of assessing breaches of the core principles in tribunal proceedings. It is a question of fact and degree in each case. Whether the default in question is sufficiently serious and culpable thus will depend on the particular core principle in issue and on the evaluation of the circumstances of the particular case as applied to that principle. But an evaluation of seriousness remains a concomitant of such an allegation.
157. If authority be needed for such an approach, then it can be found not only in the observations of Jackson LJ (in the specific context of Principle 6) in Wingate and Evans (cited above) but also in the decision of the Court of Session in Sharp v The Law Society of Scotland [1984] SC 129. There, by reference to the applicable Scottish legislation and rules, it was among other things held that whether a breach of the rules should be treated as professional misconduct depended on whether it would be regarded as serious and reprehensible by competent and responsible solicitors and on the degree of culpability: see the opinion of the court delivered by the Lord President (Lord Emslie) at page 134.
158. We consider that, though the statutory schemes are by no means the same, the like approach is generally appropriate and required for the English legislative and regulatory regime in the treatment of alleged breaches of the core principles. We appreciate that there may be some breaches of some rules - for instance, accounts rules: see, for example, Holden v Solicitors Regulation Authority [2012] EWHC 2067 (Admin) - which can involve strict liability. But that cannot be said generally with regard to all alleged breaches of the core principles coming before the Tribunal; which in our view ordinarily will involve an evaluative judgment and an assessment of seriousness to be made. All that said, in the present case, we repeat that this debate under Principle 5 is particularly sterile, given that the evaluation of the majority was that AC had not even been proved to be personally negligent, let alone that the negligence was such that it constituted professional misconduct (paragraph 145.34)."
"105. Principle 6 is aimed at a different target from that of principle 2. Principle 6 is directed to preserving the reputation of, and public confidence in, the legal profession. It is possible to think of many forms of conduct which would undermine public confidence in the legal profession. Manifest incompetence is one example. A solicitor acting carelessly, but with integrity, will breach principle 6 if his careless conduct goes beyond mere professional negligence and constitutes "manifest incompetence": see Iqbal v Solicitors Regulation Authority [2012] EWHC 3251 (Admin) and Solicitors Regulation Authority v Libby [2017] ACD 81.
106. In applying principle 6 it is important not to characterise run of the mill professional negligence as manifest incompetence. All professional people are human and will from time to time make slips which a court would characterise as negligent. Fortunately, no loss results from most such slips. But acts of manifest incompetence engaging the principles of professional conduct are of a different order."
"whether such a failure [a breach of the accounts rules] should be treated as professional misconduct must depend upon the gravity of the failure and a consideration of the whole circumstances in which the failure occurred including the part played by the individual solicitor in question … There are certain standards of conduct to be expected of competent and reputable solicitors. A departure from these standards which would be regarded by competent and reputable solicitors as serious and reprehensible may properly be categorised as professional misconduct. Whether or not the conduct complained of is a breach of rules or some other actings or omissions the same question falls to be asked and answered and in every case it will be essential to consider the whole circumstances and the degree of culpability which ought properly to be attached to the individual against whom the complaint is made."
"17. So far as concerns this appeal, the scope of regulation by the SRA and the Tribunal must depend on the proper interpretation of the standards set out in the Handbook (i.e. the relevant rules made pursuant to section 31 of the 1974 Act), applied in accordance with the procedural rules made for that purpose. At the relevant time, the material parts of the Handbook for the purposes of the Appellant's case were the 2011 Principles and the 2011 Code of Conduct (which explains the application of the 2011 Principles); and the relevant procedural rules were the SRA Disciplinary Procedure Rules 2011. The standards in the Handbook were not (and are not now) formulated by reference to any defined notion of "professional misconduct", whether as a threshold requirement for disciplinary action before the Tribunal or otherwise. Whether misconduct alleged is sufficient to engage the jurisdiction of the Tribunal is addressed by Rule 10 of the Disciplinary Procedure Rules. Under that Rule the SRA is permitted to refer a matter to the Tribunal ("make an application to the Tribunal") only if it is satisfied, among other matters, that the allegation is sufficiently serious that the Tribunal is likely to make an order striking the solicitor from the role, suspending him from practise, or requiring him to pay a penalty greater than the maximum the SRA has the power to impose.
18. It is not for this court either to add to that approach or otherwise to reformulate the statutory scheme which has been made under the 1974 Act. There is no basis in law to interpose any additional requirement into the Handbook to the effect that before the Tribunal could act it had to be satisfied that the conduct which amounted to a breach of one or other of the 2011 Principles also amounted to professional misconduct. And even if that were not so, adding such a requirement would only serve to insert unnecessary uncertainty and complexity….."
"23. This conclusion is supported by the decision of the Divisional Court in Solicitors Regulation Authority v Day [2018] EWHC 2726 (Admin). The Appellant relies on the judgment in that case as supporting his submission that a discrete requirement that the conduct complained of had to amount to "professional misconduct". …. The submission for the SRA in Day was that in dismissing complaints made variously under the Solicitors Code of Conduct 2007 and the Handbook, the Tribunal had, when it came to two of those allegations, incorrectly considered whether or not the conduct complained of amounted to professional misconduct. As to the first relevant allegation (under Principle 6 of the 2011 Principles), the court concluded that the Tribunal's use of the phrase "professional misconduct" had been no more than a proxy turn of phrase for whether or not the relevant principle had been breached (see the judgment of the court at §102). On the second relevant allegation (under Principle 5 of the 2011 Principles – the obligation to "provide a proper standard of service to your clients") the court said as follows at §§153, 155, and 156 of the judgment
….."
"Thus, the judgment in Day lends no support for the Appellant's first two grounds of appeal in this case. Rather, as that judgment makes clear, the requirement on the Tribunal is to apply the substantive rules ….In the present case, the Tribunal made no error by not adding the gloss for which the Appellant contends, and not asking, as a free-standing question, whether what the Appellant had done amounted to professional misconduct."
i) The legal context in which the legislative instrument was enacted including the relevant common law. There may be instances where the general law operating in a particular area will impliedly qualify the operation of an enactment in absolute terms.
ii) The consequences of adopting a particular construction and whether it will give rise to anomalous results and unjustifiable inconvenience to the persons affected.
iii) The legal policies that the law should be just and that the status or reputation of a person should not be impaired except under clear authority of law.
i) Principle 7 and Outcome 7.5 are part of a set of ethical rules regulating the profession. The Court sanctions professional misconduct in order to maintain public trust in the profession (see Bolton v Law Society [1994] 1 WLR 5112, at 518G-H, per Lord Bingham). It is inherent in the purpose of the rules of professional conduct that they should only be engaged by conduct that is serious, culpable and reprehensible.
ii) At common law, the Court's inherent jurisdiction to discipline solicitors is engaged by misconduct (see the annex to the Firm's skeleton argument):
a) Only serious misconduct ought to be stigmatised as professional misconduct and sanctioned accordingly (see Briggs v Law Society [2005] EWHC 1830 (Admin), at [29], Walker v Bar Standards Board Visitors to the Inns of Court, PC 2011/0219, at [10], [11], [16]).
b) The approach to professional misconduct at common law is reflected in the principle that professional negligence will not amount to misconduct unless it is excusable and regarded as deplorable by fellow solicitors: see: Re A Solicitor [1972] 1 WLR 869, 873A; SRA v Wingate and Evans [2018] 1 WLR 3969, at [105] - [106].
c) The honest decision of a solicitor on a question of professional judgment does not usually give rise to a disciplinary offence: Connolly v The Law Society [2007] EWHC 1175 (Admin) at [62].
iii) Conflating the grammatical meaning of Principle 7 and Outcome 7.5 with the legal meaning would give rise to undesirable consequences, in particular, solicitors and firms would suffer the reputational stigma attaching to findings of professional misconduct, even for trivial offences e.g. road traffic offences.
iv) The Tribunal's approach is consistent with the obligations in section 28(3) of the Legal Services Act 2007:
"The approved regulator must have regard to (a) the principles under which regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed, and (b) any other principle appearing to it to represent the best regulatory practice."
"9.338 ….The SRA's position in the present case was impossible to reconcile with its own position that only serious breaches of the MLRs need to be reported, and even then, they were only "potentially" investigated. In response to the question, "Am I required to report breaches of the Money Laundering Regulations?" the SRA counselled as follows:
"You must report serious breaches of the money laundering regulations to us. Schedule 4(12) of the regulations state that supervisors must collect information regarding 'the number of contraventions of these Regulations committed by supervised persons'.
o Serious breaches are where there are:
o serious or persistent compliance failures involving safeguards designed to prevent money laundering
o clear risks of money-laundering activity taking place, or
o where there has been potential loss or harm to businesses or individuals."
9.339 In answer to the question "What sort of breaches should be reported?" the SRA's position was that:
"The principles of what could constitute serious breaches of the MLRs are as follows (this is not an exhaustive list):
o Intentional or reckless breaches of legal requirements in relation to applicable anti money laundering legislation or regulation
o Systemic regulatory breaches associated with a failure of AML-related policies, controls or procedures
o The facilitation of business activities which bear the hallmarks of money-laundering activity (this does not replace the legal requirement to file a SAR where appropriate)
o You do not need to report one-off breaches of the regulations which are limited in scope and impact."
9.340 Mr Coleman KC noted that there was no allegation of intentional or reckless breaches, systemic breaches or facilitation of activities which bore the hallmarks of money laundering.
9.341 Accordingly, the SRA's considered position in the guidance it provided to the profession was that there may be breaches of the money laundering regulations that were not sufficiently serious, reprehensible and culpable to warrant disciplinary action or disciplinary findings. The SRA, it was submitted, could not properly depart from that position for the purposes of securing any conviction against the Firm in this case. Further, the SRA's position, as expressed in that guidance, was correct."
"9.378 Having determined that the Firm had breached regulation 14, the Tribunal considered whether the Firm had breached the Principles and the Code as alleged."
It could not properly be inferred from the language of Principle 7 and Outcome 7.5, in the statutory context, that an additional requirement of seriousness, culpability and reprehensible conduct had to be met. In my judgment, if I were to adopt Mr Coleman KC's construction, I would be re-writing the conduct rules and departing from the Divisional Court's judgment in Beckwith. A single High Court Judge ought not to depart from a decision of a Divisional Court: see R v Greater Manchester Coroner ex parte Tal [1985] 1 QB 67, per Robert Goff LJ, at 81DA.
Relief and costs