Decisions filed recently with the Law Society (which may be subject to appeal)

Deian Wyn Benjamin

Application 12046-2020

Admitted 2008

Hearing 29 April 2020

Reasons 12 May 2020

The SDT ordered that the respondent should be struck off the roll. He had provided misleading statements to Freeths LLP that counsel was instructed to represent SJHL at the mediation on the matter of EMcG v SJHL and would be attending the mediation on 24 October 2018 when he knew that was not true because counsel had not been instructed to represent SJHL at the mediation, thereby breaching principles 2 and 6 of the SRA Principles 2011. He had acted dishonestly. The respondent had provided misleading statements to the mediator that counsel was instructed to represent SJHL at the mediation on the matter of EMcG v SJHL and would be attending the mediation on 24 October 2018 when he knew that was not true because counsel had not been instructed to represent SJHL at the mediation, thereby breaching principles 2 and 6. He had acted dishonestly. The respondent had informed the mediator that counsel could not attend the mediation on the matter of EMcG v SJHL due to a family emergency when he knew that was not true because counsel had not been instructed to represent SJHL at the mediation, thereby breaching principles 2 and 6. He had acted dishonestly.

The parties had invited the SDT to deal with the allegations against him in accordance with a statement of agreed facts and outcome. The SDT had reviewed all the material before it and was satisfied to the requisite standard that the respondent’s admissions had been properly made. In the light of the admitted conduct the proposed sanction of strike-off was appropriate, proportionate and in accordance with the Sanctions Guidance. The SDT accordingly granted the application for matters to be resolved by way of the agreed outcome. The respondent was ordered to pay costs of £2,500.