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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

26 AUG 2013

Moseley v Solicitors Regulation Authority [2013] EWHC 2108 (Admin)

(Administrative Court, Lewis J, 28 June 2013)

A bankruptcy order had been made against M, a solicitor, in 2006, following which he had failed to disclose an interest in a property to the Official Receiver. M attempted to sell the interest and although the purchase price was paid to him, the purchasers were unable to register their title because of a restriction entered by the Official Receiver. They sought to recover the money from M, but he had already used it to pay off other accumulated debts. The Solicitors Disciplinary Tribunal held that M had (i) failed to disclose the interest in property; (ii) held himself out as able to deal in the property; (iii) failed to return the money; and (iv) acted in way likely to diminish public trust in the profession, and ordered that he be struck off. Lewis J dismissed M's appeal against the striking off. His conduct showed a lack of integrity and undermined public confidence in the profession even if unconnected to a solicitor's professional duties.

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