• Application 11532-2016
• Admitted 1975
• Hearing 6 December 2016
• Reasons 15 December 2016
The SDT ordered that the respondent should pay a fine of £7,500.
The respondent had backdated, whether by himself or by instructing another to do so, the date of completion on a TR1 transfer form from 2 August 2013 to 24 July 2013, which had then been used to effect a change of registered ownership of a property at the Land Registry, and had thereby breached principles 2, 3, 4 and 6 of the SRA Principles 2011.
The respondent had had no real motivation for backdating the transfer document, save to keep his client happy by giving in to his persistent requests.
No direct harm had been caused by backdating the document, in that the validity of the transaction had not been undermined. However, there had been clear damage to the reputation of the profession.
The misconduct was a single episode in an otherwise good career. The respondent had shown insight into his misconduct, as demonstrated by his open and frank admissions.
The respondent had been suffering from a number of personal stresses which might have rendered him more susceptible to giving in to his client’s demands.
A financial penalty would be sufficient to reflect the seriousness of backdating a document on the particular facts of the case.
The respondent was ordered to pay costs of £5,650.