Disciplinary Record - Tessa Moloney

Decision - Fined

Outcome: Fine

Outcome date: 2 August 2022

Published date: 12 September 2022

Firm details

Firm or organisation at time of matters giving rise to outcome

Name: Hutchins & Co

Address(es): 16 Prescot Street, London, E1 8AZ

Firm ID: 51669

Outcome details

This outcome was reached by SRA decision.

Decision details

Miss Moloney was instructed by her clients to apply to restore a company to the companies register. She delayed unduly in progressing the application between at least 17 July 2004 and 13 May 2014.

Miss Moloney commenced steps in July 2014 to restore the company to the companies register. However she again delayed unduly in progressing the application until at least March 2017.

It was found that Miss Moloney’s conduct breached Rules 1(c) and 1(e) of the Solicitors Practice Rules 1990, Rules 1.04 and 1.05 of the Solicitors Code of Conduct 2007, Principles 4 and 5 of the SRA Principles 2011 and Outcomes 1.2 and 1.5 of the SRA Code of Conduct 2011 (as set out below).

Miss Moloney was ordered to pay a £2,000 financial penalty and the SRA's costs of £600 in investigating this matter.

Reasons/basis

Rule 1(c) of the 1990 Rules: a solicitor shall not do anything in the course of practising as a solicitor, or permit another person to do anything on his or her behalf, which compromises or impairs or is likely to compromise or impair the solicitor’s duty to duty to act in the best interests of the client.

Rule 1(e) of the 1990 Rules: a solicitor shall not do anything in the course of practising as a solicitor or permit another person to do anything on his or her behalf, which compromises or impairs or is likely to compromise or impair the solicitor’s proper standard of work.

Rule 1.04 of the 2007 Code: you must act in the best interests of each client.

Rule 1.05 of the 2007 Code: you must provide a good standard of service to your clients.

SRA Principle 4 of the 2011 Principles: you must act in the best interests of each client.

SRA Principle 5 of the 2011 Principles: you must provide a proper standard of service to your clients.

Outcome O(1.2) of the 2011 Code: you provide services to your clients in a manner which protects their interests in their matter, subject to the proper administration of justice.

Outcome O(1.5) of the 2011 Code: the service you provide to clients is competent, delivered in a timely manner and takes account of your clients' needs and circumstances.