Vay Sui Ip

  • Application 11615-2016
  • Admitted 2009
  • Hearing 21-24 August 2017
  • Reasons 4 October 2017

The SDT ordered that the respondent should be struck off the roll.

The respondent had brought judicial review applications in the matters of MW, PZ and AZ which were totally without merit and an abuse of process, contrary to principles 1, 2 and 6 of the SRA Principles 2011, and had failed to achieve outcomes 5.1, 5.2 and 5.6 of the SRA Code of Conduct 2011.

He had engaged in a systematic course of conduct designed to undermine the immigration system, amounting to a persistent abuse of the process of the court, in breach of principles 1, 2, 3, 6 and 8, and had failed to achieve outcomes 5.1, 5.2 and 5.6.

In the matters of GL, PZ, MW and AZ he had recklessly failed to act in accordance with the duty of candour owed by legal representatives upon a without notice application for interim relief and had failed to place the full facts before the court, in breach of principles 1, 2 and 6, and had failed to achieve outcomes 5.1, 5.2, and 5.6.

The harm caused by the respondent’s misconduct was very serious. It had damaged the reputation of the profession, had undermined the justice system (particularly the part dealing with immigration matters) and the public purse in allocating resources to claims which were not meritorious. Further, he had given his clients false hope about the merits of their applications to remain in the UK.

In the present case, it was appropriate to impose a sanction which could act as a deterrent to other members of the profession tempted to make court applications which lacked candour or amounted to an abuse of the court system.

The reasonable and proportionate sanction was to strike the respondent off the roll.

The respondent was ordered to pay costs of £10,000.