Solicitor’s appeal against finding of dishonesty in disciplinary proceedings dismissed and High Court decision affirmed

The Court of Appeal affirmed the High Court's decision upholding serious findings of professional misconduct against a solicitor, including a finding of dishonesty in relation to creating and submitting fictitious documents for the purpose of misleading a bank. The appellant argued that dishonesty had not been clearly pleaded and that the test for dishonesty applied by the High Court was incorrect, particularly in light of a recent Court of Appeal judgment clarifying the proper test for dishonesty in disciplinary proceedings. The Court rejected the appellant's submissions, finding that the core allegations—admitted by the solicitor—used clear language signifying dishonesty, that the proper objective test had been applied, and that there was no retrospective application of a new legal test. The Court clarified that knowledge of the facts is required, but actual awareness that one's actions are dishonest is not the test; rather, dishonesty is assessed objectively. The appeal was dismissed and the original decision, including findings of dishonesty and misconduct, was upheld.