A former solicitor prosecuted in 2010 has been ordered to pay the costs after regulators found he part-owned an east London property.

The Solicitors Regulation Authority lodged an application last September to enforce the order for £15,000 against Barjinder Sharma which had effectively been put on hold due to his meagre finances at the time.

At a hearing in November before the Solicitors Disciplinary Tribunal, the regulator said its investigations had discovered that Sharma was the sole proprietor of a property in Ilford with a value of at least £632,000. After payment of prior charges, and pursuant to the terms of a divorce settlement, Sharma was entitled to 40% of the balance.

The SRA submitted it was unable to protect itself by way of a charge or charging order and wanted to obtain parity with any other subsequent creditors that might appear.

The tribunal heard that Sharma had failed to comply with undertakings given during the course of three conveyancing transactions and was found to have acted dishonesty. He was subsequently struck off the roll.

Sharma, who did not engage with these proceedings, had also appeared before the tribunal in 2009 and was ordered to pay £52,000.

The tribunal has for some years dealt with impecunious respondents by ordering payment of costs but restricting the enforcement of those costs, as in this case. The scheme envisages that in circumstances where the respondent is in fact able to pay or secure the costs, an application can be made by the SRA for leave to enforce their debts.

The tribunal concluded that Sharma had deliberately chosen not to co-operate with the SRA application and that it was now fair to allow the SRA to enforce the costs order.

It added that Sharma appeared to have acquired an asset since 2010 and that the reputation of the profession required that costs against solicitors are recovered if possible. Sharma was also ordered to pay the £1,995 costs of the SRA’s latest application.

Topics