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Mr Fazli helped secure a truly remarkable result from the Solicitors Disciplinary Tribunal (”SDT”) in a high profile and highly publicised professional discipline case. Following a 9 days substantive hearing, the SDT dismissed an allegation of dishonesty against Muhammad Nazar Hayat of Lincoln Lawrence Solicitors, whose firm was intervened into in 2023 following the highly published Sting Operation by the Daily Mail into alleged corrupt immigration lawyers. The allegation was that Mr Hayat:
”On or around 18 May 2023, advised a person he believed to be a prospective client to provide a false narrative in support of an asylum claim within the United Kingdom, and in doing so breached any or all of Paragraph 1.4 of the Code of Conduct for Solicitors, RELs and RFLs 2019 (“the Code”) and Principles 1, 2, 4 and 5 of the SRA Principles 2019 (“the Principles”).”
This was an exceptionally complex case and it was made all the more difficult because of the existence of a number of translations and transcriptions (all of which differed in some respects) relating to what was stated by Mr Hayat and the journalists. Mr Fazli skilfully cross examined at length the undercover journalist that led the sting operation, Mr Paul Samrai, the Daily Mail’s editor, Thomas Kelly and the two translators who had carried out translation and transcription for the SRA in respect of the video footage.
This was an extraordinary case not least because the former Prime Minister, the then Home Secretary and other senior politicians openly encouraged the prosecution of the solicitors involved in the sting operation following the revelations and allegations that were published by the Daily Mail (together with some video footage of the secretly recorded meetings with the lawyers).
Mr Hayat had suffered enormously since the Daily Mail published its version of the allegations against him. His firm was intervened into by the SRA, he was prohibited from practising and his livelihood shattered. The impact on his mental health in particular was substantial. He became tearful when the Tribunal announced that the allegation of dishonesty was not proved.
Mr Fazli is a professional discipline and regulatory specialist. If you would like to discuss this or any matter relating to professional discipline and regulatory law, please do contact us.
