Kiani v SRA  EWHC 1981 (Admin) (QBD (Admin)). Robert Forman in our professional disciplinary team represented Ms. Kiani in her successful appeal against the decision of the Solicitors Disciplinary Tribunal to strike her from the roll.
The appeal, heard on 12th June 2015, was allowed and judgment of the SDT set aside insofar as it included any finding of dishonesty and in respect of the sanction of striking off. Additionally the SRA were ordered to pay the Appellant’s costs of £42,000 summarily assessed at 95.45% of the costs claimed.
Laing J allowed the appeal on the basis that the SDT appeared to make findings of or synonymous with dishonesty, when no such allegation had been pleaded. Laing J stated, ‘In my judgment, the SDT was wrong to have engaged in any reasoning which suggested that it was considering whether or not the solicitor had been dishonest. It should not have considered, or applied, or referred to, any part of the Twinsectra test. It also means that it should not have used words which did, or might, suggest to a person reading the judgment of the SDT that the SDT had found that the solicitor had in fact between dishonest. But it did all of these things.’
The case was remitted to the SDT for a fresh decision on sanction.
Gregory Treverton-Jones QC of 39 Essex Street appeared for the Appellant, Mark Cunningham QC for the SRA.
Robert Forman can be contacted on 020 8852 3412.