Matthew Miles
Solicitor
378941

Decision - Agreement

Outcome: Regulatory settlement agreement

Outcome date: 12 September 2024

Published date: 17 September 2024

Firm details

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

Name: Silk Family Law Limited

Address(es): Wellbar Central, 36 Gallowgate, Newcastle Upon Tyne, NE1 4TD

Firm ID: 546813

Outcome details

This outcome was reached by agreement.

Decision details

1. Agreed outcome

1.1 Mr Matthew Miles (Mr Miles), a solicitor at Silk Family Law Limited (the Firm), agrees to the following outcome to the investigation of his conduct by the Solicitors Regulation Authority (SRA):

1. he is rebuked
2. to the publication of this agreement
3. he will pay the costs of the investigation of £300

2. Summary of Facts

2.1 On 7 August 2023 Mr Miles informed the SRA that he had been charged with malicious communications in relation to a text message he sent on 1 October 2021 to his ex-partner.

2.2 Mr Miles attended Harrogate Magistrates Court on 1 September 2023 where he pleaded guilty to malicious communications. A sentencing hearing took place on 26 October 2023 where Mr Miles was issued with a fine of £1269, a surcharge of £127 and costs of £85.

3. Admissions

3.1 Mr Miles makes the following admissions which the SRA accepts:

1. by virtue of sending an offensive message to his ex-partner and his conviction, he has failed to behave in a way that upholds public trust and confidence in the profession in breach of Principle 2 of the SRA Principles.

4. Why a written rebuke is an appropriate outcome

4.1 The SRA's Enforcement Strategy sets out its approach to the use of its enforcement powers where there has been a failure to meet its standards or requirements.

4.2 When considering the appropriate sanctions and controls in this matter, the SRA has taken into account the admissions made by Mr Miles and the following mitigation which he has put forward:

1. he pleaded guilty and cooperated with the police investigation
2. he has admitted the facts of the allegation to the SRA and cooperated with the SRA investigation
3. he has expressed insight and remorse into his offending, such that the risk of re-offending appears low.

4.3 The SRA considers that a written rebuke is the appropriate outcome because:

1. due to the commission of a criminal offence, and a breach of Principle 2 a sanction is required to uphold public confidence in the delivery of legal services
2. a lesser sanction would not sufficiently address the nature of the criminal offence.

5. Publication

5.1The SRA considers it appropriate that this agreement is published in the interests of transparency in the regulatory and disciplinary process. Mr Miles agrees to the publication of this agreement.

6. Acting in a way which is inconsistent with this agreement

6.1 Mr Miles agrees that he will not deny the admissions made in this agreement or act in any way which is inconsistent with it.

6.2 If Mr Miles denies the admissions or acts in a way which is inconsistent with this agreement, the conduct which is subject to this agreement may be considered further by the SRA. That may result in a disciplinary outcome or a referral to the Solicitors Disciplinary Tribunal on the original facts and allegations.

6.3 Denying the admissions made or acting in a way which is inconsistent with this agreement may also constitute a separate breach of Principles 2 and 5 of the Principles and paragraph 7.3 of the Code of Conduct for Solicitors, RELs and RFLs.

7. Costs

7.1 Mr Miles agrees to pay the costs of the SRA's investigation in the sum of £300. Such costs are due within 28 days of a statement of costs due being issued by the SRA.