Stewart Christian Costello

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

The respondent, an assistant solicitor, was convicted at Taunton Crown Court on 9 April 2014 on his own admission of two counts of fraud by abuse of position (sentenced to 14 months' imprisonment) for transferring £14,000 of client compensation monies to his personal account to fund a gambling addiction. The Tribunal proceeded in his absence, found all allegations (Principles 1, 2 and 6) proved by reference to the certificate of conviction, and noted that the offence of fraud by abuse of position involved dishonesty. Finding the misconduct of the utmost seriousness with no genuine insight and no exceptional circumstances, the Tribunal struck him off the Roll and ordered costs of £2,500.

Duties found breached:

• Non-discriminatory acceptance and cab-rank
• Uphold public trust in the profession

Aggravating factors:

• Conviction for dishonesty offence committed in the course of business as a solicitor
• Very high breach of trust between solicitor and clients (and firm)
• Deliberate taking of £14,000 of client money for personal benefit
• No genuine insight into damage caused to clients, firm or the profession
• Failure to engage with the proceedings

Mitigating factors:

• Previous good character
• Pleaded guilty at earliest opportunity and told the truth to police
• Gambling addiction for which he sought treatment
• Expression of remorse noted in sentencing remarks
• Monies ultimately repaid to clients (by the firm)