Christopher Frederick Orford Hutchins & Spencer Paul McGuire
Allegation / charges
Breaches, Failures
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Two solicitors acting as trustees of the Albert Harris Will Trust were found to have preferred the interests of South London Cleaning No 1 Ltd (owned by their wives) over the Trust and residuary beneficiary (RSPCA), by causing/permitting excessive payments without disclosing their wives' interest. Hutchins admitted allegations 1.1 and 1.2, found to have knowingly charged excessive professional fees and SLC charges; his conduct was reckless and breached Principles 2 and 6 and Outcome 11.1. He was suspended for 2 years. McGuire was found to have preferred SLC's interests by failing to disclose his wife's interest (breach of Principle 6), but the Tribunal found he did not KNOW the charges were excessive and did NOT find a lack of integrity (Principle 2) or breach of Outcome 11.1; recklessness and manifest incompetence were dismissed. Allegation 2.2 (authorising excessive payments to Hutchins) was dismissed as the SRA failed to put authorisation to McGuire in cross-examination. No dishonesty was alleged or found for either respondent. McGuire was fined £15,000. Costs: Hutchins £11,250, McGuire £7,500.
Duties found breached:
Aggravating factors:
- Previous appearance before the Tribunal in 2010
- Abuse of position of power and authority as trustee
- Deliberate misconduct continued over a period of time (Hutchins)
- Concealment via opaque invoices and disguising wife's interest in SLC (Hutchins)
- Acted for personal/family financial gain (Hutchins)
Mitigating factors:
- Full admissions made (Hutchins)
- Cooperation with the SRA throughout investigation and proceedings
- Some insight shown
- McGuire's misconduct an oversight, not motivated by gain
- Early appropriate admissions (McGuire)