David Elden Howes
JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number12110/2020
Date01/01/2020
OutcomeStrike off
Allegation / charges
Breaches, Failures, Solicitors' Accounts Rules
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
SanctionStrike Off
CostsGBP 6,489
Dishonesty foundYes
David Elden Howes, a sole practitioner with 46 years' experience, was found to have practised without valid Professional Indemnity Insurance between July 2019 and February 2020, continued to act and take on new clients (including reserved activities and holding client money) without insurance, falsely told third parties he had valid PII, and failed to keep any books of accounts. The Tribunal made express findings of dishonesty in respect of allegations 1.2 and 1.3. The Respondent did not participate. The Tribunal struck him off the Roll and ordered costs of £6,488.66.
Duties found breached:
- Proper basis for allegations
- Personal probity and fitness to practise
- Handle inadvertently received material
- Accounting records, reconciliation and reports
- Professional indemnity insurance
- Not misrepresent regulated status
Aggravating factors:
- Dishonesty proved
- Misconduct deliberate, calculated, repeated and continued over time
- Concealed wrongdoing from clients via false statements
- Breach of position of trust
- Continued to take on new clients while uninsured
- Element of planning to avoid regulatory responsibilities and costs
- Highly experienced solicitor (46 years qualified)
Mitigating factors:
- No evidence of actual harm to clients
- No previous disciplinary findings
- Degree of co-operation with the FIO's investigation
Duties engaged
- Proper basis for allegations
- Honesty
- Integrity
- No bribery or improper gifts
- Personal probity and fitness to practise
- Uphold public trust in the profession
- No unlawful discrimination or harassment
- Act in the client's best interests
- Advise objectively, not a mere conduit
- Handle inadvertently received material
- Accounting records, reconciliation and reports
- Professional indemnity insurance
- Not misrepresent regulated status