Andrew James Cameron Banfill

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

Andrew James Cameron Banfill, a Member of OBG Cameron Banfill LLP, faced allegations following the firm's collapse and intervention in March 2009. The Tribunal, proceeding in his absence after refusing an adjournment, found all but one allegation (failure to comply with practising certificate condition) substantiated beyond reasonable doubt. The firm went into meltdown leaving clients abandoned. Banfill made improper withdrawals from client account, including £110,000 (29 Oct 2008) subject to a POCA Restraint Order with post-dated invoices, and £50,000 (5 Jan 2009) due to a third party under an undertaking, with funds diverted to his personal US bank account. Applying the Twinsectra test, the Tribunal found his conduct dishonest. With no exceptional circumstances under Sharma, he was struck off the Roll and ordered to pay costs of £67,500.

Duties found breached:

• No improper communication with the court
• Integrity
• Uphold public trust in the profession
• Non-discriminatory acceptance and cab-rank
• No conflict between current clients
• No improper use of client money
• Accounting records, reconciliation and reports
• Diligence and timeliness
• Firm governance, systems and compliance
• Honour professional undertakings

Aggravating factors:

• Dishonesty involving misappropriation of client funds for personal benefit
• Removal of funds subject to a Proceeds of Crime Act Restraint Order (potential criminal offence/contempt)
• Funds transferred to personal US bank account
• Failure to remedy known shortfalls on client account
• Minimum unverified cash shortage of approximately £400,869
• Failure to engage with proceedings

Mitigating factors:

• No previous disciplinary matters