Gillian Harwood

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

Gillian Harwood, a conveyancing clerk (non-solicitor) at Beers Solicitors, acted on her own re-mortgage from GMAC and failed to discharge all prior Birmingham Midshires charges before completion, paying off only part and taking the balance for her own benefit, thereby breaching her employer's undertaking to GMAC. She did not disclose the problem until after her dismissal. The Tribunal found the admitted allegation substantiated and made an order under s.43 Solicitors Act 1974 restricting her employment by solicitors without Law Society permission, plus costs of £4,000. Dishonesty was expressly not alleged; the conduct was characterised as incompetence.

Duties found breached:

• Honour professional undertakings

Aggravating factors:

• Experienced residential conveyancer familiar with standard mortgage conditions
• Obtained a personal financial benefit (used funds to pay off a Black Horse loan and for house improvements)
• Failed to disclose the problem to her employer from August 2005 until June 2006

Mitigating factors:

• Admitted the allegation
• Did not oppose the order
• Repaid in full the monies due to the Firm
• Police took no further action
• Applicant did not allege dishonesty