Paul Andrew
Smith
Solicitor
230445
Decision - Prosecution
Outcome: Referral to Solicitors Disciplinary Tribunal
Outcome date: 29 October 2024
Published date: 16 April 2025
Firm details
Firm or organisation at time of matters giving rise to outcome
Name: Rothera Bray LLP
Address(es): 2 Kayes Walk, The Lace Market, Nottingham NG1 1PZ
Firm ID: 8000973
Outcome details
This outcome was reached by SRA decision.
Reasons/basis
This notification relates to a Decision to prosecute before the Solicitors Disciplinary Tribunal. This is an independent Tribunal which will reach its own decision after considering all the evidence, including any evidence put forward by the Solicitor. The Tribunal has certified that there is a case to answer in respect of allegations which are or include that:-
- From 1 August 2022 to at least 31 December 2022, he did not inform a Client that he had located material medical records relevant to the client's matter , did not take instructions from the Client, nor advise the Client in respect of the material medical records, and allowed the Client to proceed with their claim in circumstances that increased the risk of costs being ordered against them;
- Between 18 to 21 October 2022 he prepared and filed a witness statement for a Client at court, which he knew, or ought to have known was misleading as the statement contained information about the Client medical records that was untrue/inaccurate and filed the Client's witness statement that included the misleading information at court.
- On 31 December 2022, in response to a Court Order dated 30 August 2022, he provided misleading information to the Court and defendants solicitor which he knew or ought to have known was misleading by stating that relevant medical records could not be located when they were, in fact, available to him.
The allegations are subject to a Hearing before the Solicitors Disciplinary Tribunal and are as yet unproven.