Decision record
Anthony David Preston
Allegation / charges
Breaches, Client Money, Failures, Others, Solicitors' Accounts Rules
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Anthony David Preston, a sole practitioner conveyancer, faced allegations including breaches of the Solicitors Accounts Rules, acting for both buyer and seller in four conveyancing transactions, misleading clients about prices, and paying differences to a third party (Mr W-T) without client authority. The Tribunal found he had dishonestly concealed the true sale/purchase prices and Mr W-T's involvement, providing different completion statements to buyers and sellers and making unauthorised payments to a third party acquaintance. Applying the Twinsectra test, dishonesty was found on allegations 1.1(g) and 1.3 but not on 1.2. All other allegations were proved, including maintaining a sham partnership and practising as a sole practitioner without SRA authorisation. Given the dishonesty findings and absence of exceptional circumstances (SRA v Sharma), the Respondent was struck off the Roll and ordered to pay costs of £30,000 (reduced from £36,509.64 claimed).
Duties found breached:
- No improper communication with the court
- No conflict between current clients
- Handle inadvertently received material
- No improper use of client money
- Prompt accounting and return of money
- Truthful, non-misleading advertising
Aggravating factors:
- Dishonesty causing substantial financial losses to clients
- Actively concealed true sale/purchase prices and third party's involvement from clients
- Prepared completion statements showing different prices to buyer and seller
- Payments to acquaintance Mr W-T without client authority totalling significant sums
- Missing/thinned files and absence of documentation for alleged sub-sales
- Damage to reputation of the profession
Mitigating factors:
- No previous disciplinary matters
- Long career (35 years) with next to no complaints
- Poor health and reduced income due to recession
- No longer practising
- Rectified sole practitioner authorisation once aware
- Made a payment to compensate one aggrieved client
- Cooperated by admitting several allegations
Duties engaged
- No improper communication with the court
- Honesty
- Keep client informed and respond promptly
- No conflict between current clients
- Handle inadvertently received material
- No improper use of client money
- Prompt accounting and return of money
- Accounting records, reconciliation and reports
- Truthful, non-misleading advertising