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Matthew Edward Flynn

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number12062/2020
Date01/01/2020
OutcomeStrike off

Allegation / charges

Breaches, Solicitors' Accounts Rules

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

SanctionStrike Off
CostsGBP 9,000
Dishonesty foundYes

Matthew Edward Flynn, while working as a paralegal at Tinkler Solicitors before admission, drew a client account cheque for £2,021.80 payable to himself, concealed it by completing the cheque stub showing the client PSG as payee, and paid it into his personal bank account (Allegation 1.1). He later deliberately misled the client PSG in an email of 21 April 2016 stating monies were still held on account (Allegation 1.2). He accepted a Police caution for fraud by abuse of position. The Tribunal found both allegations proved including dishonesty under the Ivey test, rejecting his claim that his principal Mr Tinkler had authorised the payments. Allegation 1.3 (misleading salary entry on a mortgage form) was not proved as the Tribunal could not be satisfied he completed the relevant box. The Tribunal found his culpability high and ordered him struck off the Roll, finding no exceptional circumstances, and ordered costs of £9,000 (reduced from £14,345.13).

Duties found breached:

Aggravating factors:

  • Misconduct was deliberate, planned and calculated
  • Concealment of wrongdoing
  • Course of conduct involving several steps over a number of months
  • Motivation was personal gain
  • Serious breach of trust
  • Two acts of dishonesty, one leading to a Police caution for fraud by abuse of position
  • Lack of full insight - continued to blame his principal Mr Tinkler

Mitigating factors:

  • Early admission of the factual basis of the allegations
  • Monies repaid in full with no lasting loss to the client
  • Sum involved was relatively small
  • No previous disciplinary findings

Documents

Source: https://solicitorstribunal.org.uk/case/12062/