In disciplinary proceedings, a tribunal may take into account findings that a practitioner gave deliberately false evidence before it when determining the appropriate order, without requiring a separate charge of misconduct, provided the practitioner was aware of the risk of such a finding and had adequate opportunity to deal with it. The misuse of trust account funds ordinarily calls for striking off, and deliberate falsification of files reveals character fundamentally inimical to fitness to practise. Where procedural unfairness has occurred, the court must ask whether a properly conducted hearing could not possibly have produced a different result.
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