Disciplinary Record - Sarinjit Singh Bahia

Decision - Prosecution

Outcome: Referral to Solicitors Disciplinary Tribunal

Outcome date: 24 November 2023

Published date: 9 October 2024

Firm details

Firm or organisation at time of matters giving rise to outcome

Name: Consilium Legal Limited

Address(es): Colman House, 21 Livery Street, Birmingham B3 1RS

Firm ID: 623977

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. He prepared, or caused to be prepared, Estate Accounts that were intended to mislead his co-trustee;

2. Prepared, or caused to be prepared an Estate Account that had the potential to be misleading;

3. Retained client money in his personal bank account in the period 8 August 2017 until at least 7 February 2020 and in doing so he also caused a corresponding client account shortage;

4. Failed to account to the beneficiaries of the trust, for interest payments arising on a loan of trust monies by an agreement  dated 9 April 2019;

5. Failed to apply appropriate customer due diligence measures as follows: 

5.1 He failed adequately to discharge his obligations under Regulation 28(11) of The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 ('MLRs 2017') by failing to conduct adequate ongoing monitoring of the business relationship on a risk sensitive basis.

5.2 He failed to identify the customer (as the actual recipient of the loan) including by reference to the identity of its directors and its shareholders he failed adequately to discharge his obligations under Regulations 28(2), (3) and (4) of the MLRs 2017;

5.3 He failed to identify his client's source of funds in relation to a payment received, he failed adequately to discharge his obligations under Regulation 28(11) of the MLRs 2017. 

6. He misused client money in the period 16 December 2020 to 20 January 2021 for purposes other than to meet the  client's Stamp Duty Land Tax liability as intended by the client. 

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

Decision - Control of practice

Outcome: Condition

Outcome date: 2 March 2023

Published date: 27 April 2023

Firm details

Firm or organisation at time of matters giving rise to outcome

Name: Consilium Legal Limited

Address(es): Colman House 121 Livery Street Birmingham B3 1RS

Firm ID: 623977

Outcome details

This outcome was reached by SRA decision.

Decision details

#We publish regulatory decisions when we consider it to be in the public interest. I am satisfied that, in accordance with our guidance on publishing regulatory and disciplinary decisions, to maintain confidence in the regulatory system and to demonstrate transparency in our decision-making process, this decision should be published. I am satisfied that none of the factors that would make publication inappropriate apply.

Sarinjit Singh Bahia’s practising certificate for 2022 / 2023 is subject to the following conditions:

1. Mr Bahia shall not act as a manager or owner of any authorised body.
2. Mr Bahia may not act as a compliance officer for legal practice (COLP) or compliance officer for finance and administration (COFA) for any authorised body.
3. Mr Bahia does not hold or receive client money, or act as a signatory to any client or office account or have the power to authorise transfers from any client or office account.

In these conditions the terms are as defined in the SRA Glossary.

Reasons/basis

The above conditions are necessary in the public interest. They are reasonable and proportionate having regard to the purposes set out in regulation 7 of the SRA Authorisation of Individuals Regulations, and the regulatory objectives and principles governing regulatory activities as contained in section 28 of the Legal Services Act 2007.