Nicholas Peter Whiffen
Recognised sole practitioner
18370

Decision - Prosecution

Outcome: Referral to Solicitors Disciplinary Tribunal

Outcome date: 20 March 2020

Published date: 9 November 2020

Firm details

Firm or organisation at time of matters giving rise to outcome

Name: Hesling Henriques Solicitors

Address(es): Suite 20, 30 Churchill Square, Kings Hill, West Malling, Kent ME19 4YU

Firm ID: 388205

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 he :-

1. Allowed a client account shortage to exist as at 31 December 2019 by:

   1.1. Causing or permitting unpaid disbursements to be incorrectly held in the office account;

   1.2 Causing or permitting improper payments to be made from the client account;

   1.3 Causing or permitting client damages to be incorrectly held in the office account;

2. In order to mislead the Court, signed a witness statement, verified by a statement of truth and dated 5 June 2019, in support of his application to set aside a Statutory Demand served by Ms JL, in which he stated that he disputed Ms JL’s fees;
3. In his capacity as the Compliance Officer for Finance and Administration of the firm at the material time, did not report the material breaches of the SRA Accounts Rules 2011, the SRA Code of Conduct 2011, the SRA Accounts Rules 2019, the SRA Code of Conduct for Firms 2019 and the SRA Code of Conduct for Solicitors 2019 set out above to the SRA;

The allegations are subject to a Hearing before the Solicitors Disciplinary Tribunal and are as yet unproven.

Decision - Closure

Outcome: Intervention

Outcome date: 24 March 2020

Published date: 24 March 2020

Firm details

Firm or organisation at date of publication and at time of matters giving rise to outcome

Name: Hesling Henriques Solicitors

Address(es): Suite 20, 30 Churchill Square, Kings Hill, West Malling, Kent, ME19 4YU

Firm ID: 659545

Outcome details

This outcome was reached by SRA decision.

Decision details

To intervene into Nicholas Peter Whiffen, practising as Hesling Henriques Solicitors.

Reasons/basis

There is reason to suspect dishonesty by Mr Whiffen in connection with his practice as a solicitor (paragraph 1(1)(a)(i) Schedule 1- Part 1 Solicitors Act 1974 as amended). Mr Whiffen has failed to comply with rules made under section 31 Solicitors Act 1974 (paragraph 1(1)(c) of Schedule 1 Solicitors Act 1974).

Intervening agents

James Dunn of Devonshires Solicitors LLP, 30 Finsbury Circus, London, EC2M 7DT has been appointed as the intervening agent.

For enquiries please call 0207 065 1830 or email intervention-team@devonshires.co.uk