Anthony David Preston

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

Sole practitioner found to have acted dishonestly in four conveyancing transactions where he acted for both buyer and seller, gave different prices to each party, concealed payments totalling £88,000 to an agent/acquaintance (Mr W-T), and made unauthorised withdrawals from client account. He also committed numerous Solicitors Accounts Rules breaches, failed to give proper costs information, falsely purported to be in a partnership, and practised as a sole practitioner without SRA authorisation. The Tribunal found express dishonesty under the Twinsectra test on allegations 1.1(g) and 1.3, but not on 1.2. With no exceptional circumstances, the Respondent was struck off and ordered to pay £30,000 costs.

Duties found breached:

• Accounting records, reconciliation and reports
• Avoid wasting the court's time
• No conflict between current clients
• No improper communication with the court
• No improper fee-sharing or partnership
• 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
• Active concealment of true sale/purchase prices from clients
• Concealed Mr W-T's involvement and payments made to him without client authority
• Deprived clients of information going to heart of solicitor/client trust
• Significant damage to reputation of the profession
• Missing/thinned files and incomplete contracts

Mitigating factors:

• No previous disciplinary matters
• 35 years of practice with few complaints
• Poor health and reduced income due to recession
• Made a payment to one client to cover loss
• Rectified sole practitioner position once aware
• Around £150 million passed through client account, mostly properly recorded
• No longer practising; age 55