Barry Worthington

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

Barry Worthington, a conveyancing clerk (not a solicitor) employed by John Nivison & Co., had conduct of a conveyancing transaction in which he parted with mortgage advance monies from Co-operative Bank without holding the executed mortgage deed, assent and deed of gift, relying on his client's (Mr C's) false assurances. He prepared and backdated an assent (Land Registry form 56) to predate the deed of gift and witnessed signatures on documents he had not seen signed. The matter came to light when a duplicate Land Certificate was sought, and the Compensation Fund lost £36,688. The Tribunal found the allegations substantiated (uncontested) but expressly accepted the respondent was honest and had made genuine mistakes, being largely the victim of a dishonest client. It made a s.43 order restricting his employment, suspended filing pending a Law Society committee decision, and ordered costs of £696.30.

Duties found breached:

• Advise on alternatives, settlement and outcome
• Handle inadvertently received material
• Not misrepresent regulated status

Aggravating factors:

• Loss of £36,688 to the Law Society's Compensation Fund arising from the transaction
• Backdated an assent and witnessed signatures he had not seen signed

Mitigating factors:

• Tribunal accepted the respondent is an honest man who made an unfortunate mistake
• No personal financial gain
• Fully co-operated with police and did not exercise right to silence
• 33 years' service to the legal profession with excellent testimonials
• Strong support from his long-time employer Mr Nivison
• Largely the victim of a dishonest client (Mr C)
• Not prosecuted
• Allegations admitted/not contested