Date
04 May 2016
Charges
The charges against Mrs. Julie Perry were:
Charge 1
Failing to maintain high standards of professional conduct; further or alternatively failing to act in the best interests of your client; further or alternatively failing to act within your competence, contrary to Principles 2, 5 and 9 respectively of the CILEx Code of Conduct 2010.The particulars were that Julie Perry, then a Fellow of the Chartered Institute of Legal Executives engaged in private practice in the employ of Nowell Meller, Solicitors of 7/8 St Mary’s Grove, Staffordshire, ST16 2AT, between on or about 28 January 2012 and 8 February 2013, having professional conduct of the administration of the estate of M C deceased:-
(i) negligently failed to include or report the existence of a trust fund in the inheritance tax account; further (or alternatively)
(ii) negligently caused or permitted the distribution of the estate without securing the proper aggregation of the said trust fund with the free estate; further (or alternatively)
(iii) negligently causing or permitting the distribution of the estate without payment of the appropriate inheritance tax.
Charge 2
was withdrawn by CILEx Regulation.
Charge 3
was withdrawn by CILEx Regulation.
Charge 4
Failing to maintain high standards of professional conduct; further or alternatively failing to act in the best interests of your client; further or alternatively failing to act within your competence, contrary to Principles 2, 5 and 9 respectively of the CILEx Code of Conduct for Legal Executives 2010 alternatively, where the particularised conduct took place before 1 May 2010 then contrary to Paragraphs A1(1), and A1(4) of the ILEX Code of Conduct and A(1) of the Guides to Good Practice for the Legal Executive in force from time to time, such conduct being likely to bring disrepute upon the Institute or its members.
The particulars were that Julie Perry, then a Fellow of the Chartered Institute of Legal Executives engaged in private practice in the employ of Nowell Meller, Solicitors of 7/8 St Mary’s Grove, Staffordshire, ST16 2AT, between on or about 20 January 2006 and 8 February 2013, having professional conduct of the administration of the estate of EJD deceased negligently failed to collect (or to pursue the collection of) or otherwise property administer on behalf of the estate an account belonging to the deceased at Lloyds TSB Bank plc.
Outcome
Charges 1 and 4 were admitted and therefore the Tribunal found both of these charge proved.
Sanction
The Disciplinary Tribunal ordered that Mrs. Perry be warned and also imposed the following conditions upon Mrs. Perry’s practice as a Chartered Legal Executive:
(a) That Mrs Perry provides the written report of the inspection of her business that was carried out by the Office of the Public Guardian to CILEx Regulation within 14 days of receipt;
(b) That Mrs Perry provides any other report on the inspection of her business to CILEx Regulation within 14 days of receipt;
(c) That Mrs Perry continues to consult CILEx Regulation on her practice development and in relation to any regulatory requirements;
(d) That Mrs Perry acts on any advice she receives from CILEx Regulation.
The conditions were imposed for a period of 3 years, at the end of which, Mrs Perry or her legal representative is required to send written confirmation to CILEx Regulation that the period of conditions has been complied with, to seek confirmation of discharge of the conditions from CILEx Regulation. Mrs. Perry was ordered to pay costs.
