Yesterday at Southwark Crown Court, Phil Shiner, a former prominent human rights lawyer, received a suspended jail sentence after being found guilty of multiple fraud charges related to legal aid applications.
Shiner, once named Solicitor of the Year, was sentenced by Judge Hehir to two years in prison, suspended for the same period. His offences involved fraudulently obtaining legal aid up to £200,000 to pursue claims against British soldiers accused of wrongdoing in Iraq, without disclosing conflicts of interest to the Legal Services Commission.
The fraud stemmed from legal aid applications related to claims investigated by the al-Sweady inquiry, which cost £31m and examined accusations against British troops involved in the 2004 Battle of Danny Boy. While the inquiry cleared soldiers of serious allegations, it noted some mistreatment of detainees.
In 2017, Shiner was disbarred following 22 charges of misconduct, including dishonesty. Shortly thereafter, he declared bankruptcy. His financial downfall included extending bankruptcy restrictions after trying to hide assets from creditors by gifting them to family.
Judge Hehir noted that the offences were serious enough to warrant prison. However, he highlighted the time elapsed since the crime and Shiner’s subsequent personal and professional collapse as factors in the decision to suspend the sentence. Also, Shiner’s age and health were considered.
Judge Hehir remarked on Shiner’s character references, suggesting that Shiner was not principally driven by financial gain but allowed zeal for his cases to cloud his judgement. Shiner awaits a confiscation hearing, the date for which is yet to be set.
While the court’s decision to suspend the sentence reflects Shiner’s already significant personal and professional consequences, it leaves open questions about accountability and integrity in legal practice. The upcoming confiscation hearing will further address his financial wrongdoing.
