Past disciplinary findings

Mariam El-Sobky, a barrister, failed to observe her duty to the court in the administration of justice and knowingly misled or attempted to mislead the court, in that, at a hearing on 1 July 2022, in claim number G91LS194 before the Leeds District Registry, while representing the Defendant, Ms El-Sobky made the following statements:

i. That she “was only instructed for this matter not more than five days ago when we became aware of the hearing”. She made this statement in the context of seeking to explain delays by her client in filing and service of documents, including a Defence, and while responding to an application for default judgment. She knew that the court would be likely to understand this as a reference to the first occasion on which she had received instructions from her client in relation to the claim. She knew that her statement, as it was likely to be understood, was untrue, and she made it dishonestly, as she knew that she had been instructed to represent her client at a hearing in November 2021, she had corresponded on her client’s behalf with the Claimant’s solicitor between January and May 2022, and she had received instructions from her client for the hearing on 1 July 2022 seven days before the hearing.

ii. That “very little correspondence has been sent to me … from … Mr Oaks”, the Claimant’s solicitor. She knew that this statement was misleading because, in the period January to June 2022, she had received at least ten emails directly from Mr Oaks and two emails sent on his behalf. She had responded to at least five of the emails.

iii. When referring to her client’s Defence, that she “did not know that it had not been filed and served before today”. In making this statement, she knowingly and dishonestly misled the court, as she had no honest belief that the Defence had been filed and served. On 17 May 2022, she had emailed the Claimant’s solicitor and the court stating that she would be filing a Defence and Counterclaim on her client’s behalf. On 22 May 2022, she had emailed the court requesting a 7-day extension for, among other things, filing a Defence. Ms El-Sobky was acting under direct access and with authorisation to conduct litigation. She had no reason to believe that anyone other than her had filed and served the Defence in the meantime.

Mariam El-Sobky, a barrister, failed to act with honesty and with integrity, and acted in a manner which could reasonably be seen by the public to undermine her honesty, integrity and independence, in that, at a hearing on 1 July 2022, in claim number G91LS194 before the Leeds District Registry, while representing the Defendant, Ms El-Sobky made the following statements:

i. That she “was only instructed for this matter not more than five days ago when we became aware of the hearing”. She made this statement in the context of seeking to explain delays by her client in filing and service of documents, including a Defence, and while responding to an application for default judgment. She knew that the court would be likely to understand this as a reference to the first occasion on which she had received instructions from her client in relation to the claim. She knew that her statement, as it was likely to be understood, was untrue, and she made it dishonestly, as she knew that she had been instructed to represent her client at a hearing in November 2021, she had corresponded on her client’s behalf with the Claimant’s solicitor between January and May 2022, and she had received instructions from her client for the hearing on 1 July 2022 seven days before the hearing.

ii. That “very little correspondence has been sent to me … from … Mr Oaks”, the Claimant’s solicitor. She knew that this statement was misleading because, in the period January to June 2022, she had received at least ten emails directly from Mr Oaks and two emails sent on his behalf. She had responded to at least five of the emails.

iii. When referring to her client’s Defence, that she “did not know that it had not been filed and served before today”. In making this statement, she knowingly and dishonestly misled the court, as she had no honest belief that the Defence had been filed and served. On 17 May 2022, she had emailed the Claimant’s solicitor and the court stating that she would be filing a Defence and Counterclaim on her client’s behalf. On 22 May 2022, she had emailed the court requesting a 7-day extension for, among other things, filing a Defence. Ms El-Sobky was acting under direct access and with authorisation to conduct litigation. She had no reason to believe that anyone other than her had filed and served the Defence in the meantime.

Mariam El-Sobky, a barrister, behaved in a way which was likely to diminish the trust and confidence which the public places in her or in the profession, in that, at a hearing on 1 July 2022, in claim number G91LS194 before the Leeds District Registry, while representing the Defendant, Ms El-Sobky made the following statements:

i. That she “was only instructed for this matter not more than five days ago when we became aware of the hearing”. She made this statement in the context of seeking to explain delays by her client in filing and service of documents, including a Defence, and while responding to an application for default judgment. She knew that the court would be likely to understand this as a reference to the first occasion on which she had received instructions from her client in relation to the claim. She knew that her statement, as it was likely to be understood, was untrue, and she made it dishonestly, as she knew that she had been instructed to represent her client at a hearing in November 2021, she had corresponded on her client’s behalf with the Claimant’s solicitor between January and May 2022, and she had received instructions from her client for the hearing on 1 July 2022 seven days before the hearing.

ii. That “very little correspondence has been sent to me … from … Mr Oaks”, the Claimant’s solicitor. She knew that this statement was misleading because, in the period January to June 2022, she had received at least ten emails directly from Mr Oaks and two emails sent on his behalf. She had responded to at least five of the emails.

iii. When referring to her client’s Defence, that she “did not know that it had not been filed and served before today”. In making this statement, she knowingly and dishonestly misled the court, as she had no honest belief that the Defence had been filed and served. On 17 May 2022, she had emailed the Claimant’s solicitor and the court stating that she would be filing a Defence and Counterclaim on her client’s behalf. On 22 May 2022, she had emailed the court requesting a 7-day extension for, among other things, filing a Defence. Ms El-Sobky was acting under direct access and with authorisation to conduct litigation. She had no reason to believe that anyone other than her had filed and served the Defence in the meantime.

Mariam El-Sobky, a barrister, misled the court by making statements which she knew were untrue or misleading, in that, at a hearing on 1 July 2022, in claim number G91LS194 before the Leeds District Registry, while representing the Defendant, Ms El-Sobky made the following statements:

i. That she “was only instructed for this matter not more than five days ago when we became aware of the hearing”. She made this statement in the context of seeking to explain delays by her client in filing and service of documents, including a Defence, and while responding to an application for default judgment. She knew that the court would be likely to understand this as a reference to the first occasion on which she had received instructions from her client in relation to the claim. She knew that her statement, as it was likely to be understood, was untrue, and she made it dishonestly, as she knew that she had been instructed to represent her client at a hearing in November 2021, she had corresponded on her client’s behalf with the Claimant’s solicitor between January and May 2022, and she had received instructions from her client for the hearing on 1 July 2022 seven days before the hearing.

ii. That “very little correspondence has been sent to me … from … Mr Oaks”, the Claimant’s solicitor. She knew that this statement was misleading because, in the period January to June 2022, she had received at least ten emails directly from Mr Oaks and two emails sent on his behalf. She had responded to at least five of the emails.

iii. When referring to her client’s Defence, that she “did not know that it had not been filed and served before today”. In making this statement, she knowingly and dishonestly misled the court, as she had no honest belief that the Defence had been filed and served. On 17 May 2022, she had emailed the Claimant’s solicitor and the court stating that she would be filing a Defence and Counterclaim on her client’s behalf. On 22 May 2022, she had emailed the court requesting a 7-day extension for, among other things, filing a Defence. Ms El-Sobky was acting under direct access and with authorisation to conduct litigation. She had no reason to believe that anyone other than her had filed and served the Defence in the meantime.

Mariam El-Sobky, a barrister, failed to observe her duty to the court in the administration of justice, in that, on 17 August 2022, Ms El-Sobky sent an email to the Family Court and to the other party to proceedings, attaching what purported to be an application by her client for relief from sanctions, together with supporting documents, including an unsigned witness statement in the name of her client, and stated that they were sent on behalf of her client. Ms El-Sobky prepared the documents and sent the email without her client’s knowledge, instructions or approval to do so, and without her client having any input into their contents.

Mariam El-Sobky, a barrister, failed to act in the best interests of her client, in that, on 17 August 2022, Ms El-Sobky sent an email to the Family Court and to the other party to proceedings, attaching what purported to be an application by her client for relief from sanctions, together with supporting documents, including an unsigned witness statement in the name of her client, and stated that they were sent on behalf of her client. Ms El-Sobky prepared the documents and sent the email without her client’s knowledge, instructions or approval to do so, and without her client having any input into their contents.

Mariam El-Sobky, a barrister, behaved in a way which was likely to diminish the trust and confidence which the public places in her or in the profession, in that, on 17 August 2022, Ms El-Sobky sent an email to the Family Court and to the other party to proceedings, attaching what purported to be an application by her client for relief from sanctions, together with supporting documents, including an unsigned witness statement in the name of her client, and stated that they were sent on behalf of her client. Ms El-Sobky prepared the documents and sent the email without her client’s knowledge, instructions or approval to do so, and without her client having any input into their contents.

Mariam El-Sobky, a barrister, failed to provide a competent standard of work and service to her client and failed to promote fearlessly and by all proper and lawful means her client’s best interests, in that, on 17 August 2022, Ms El-Sobky sent an email to the Family Court and to the other party to proceedings, attaching what purported to be an application by her client for relief from sanctions, together with supporting documents, including an unsigned witness statement in the name of her client, and stated that they were sent on behalf of her client. Ms El-Sobky prepared the documents and sent the email without her client’s knowledge, instructions or approval to do so, and without her client having any input into their contents.

Mariam El-Sobky, a barrister, failed to take reasonable steps to manage her practice, or carry out her role within her practice, competently and in such a way as to achieve compliance with her legal and regulatory obligations, in that, on 17 August 2022, Ms El-Sobky sent an email to the Family Court and to the other party to proceedings, attaching what purported to be an application by her client for relief from sanctions, together with supporting documents, including an unsigned witness statement in the name of her client, and stated that they were sent on behalf of her client. Ms El-Sobky prepared the documents and sent the email without her client’s knowledge, instructions or approval to do so, and without her client having any input into their contents.

Mariam El-Sobky, a barrister, on or around 17 August 2022, drafted an application by her client for relief from sanctions and a witness statement in the name of her client in support of the application. Ms El-Sobky did so without obtaining any instructions from her client to do so and without any input from her client as to their contents. On 17 August 2022, Ms El-Sobky emailed the documents to the Family Court and the other party to proceedings, stating that they were sent on behalf of her client.

Mariam El-Sobky, a barrister, recklessly misled or attempted to mislead the court in that, on 17 August 2022, Ms El-Sobky sent an email to the Family Court, attaching what purported to be an application by her client for relief from sanctions, together with supporting documents, including an unsigned witness statement in the name of her client, and stated that they were sent on behalf of her client. In doing so, Ms El-Sobky impliedly represented to the court that the documents were drafted on her client’s instructions. Ms El-Sobky sent the email knowing that she had prepared the application notice and witness statement, and sent them to court, without her client’s prior knowledge, instructions or approval to do so, and without her client having any input into their contents.