Andrew Kennedy Horsey

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

Andrew Kennedy Horsey, a solicitor admitted in 1971, authorised the transfer of £60,070.95 from the firm's client account (MacFarlane recovery ledger) to settle a professional negligence judgment obtained against the firm by a former client, Ms HC, whose claim he had failed to disclose to his partners. The Tribunal found breaches of the SAR and Rule 1 SPR/Code, that he failed to inform partners of the judgment, falsely suggested a link between the HC and MacFarlane matters, and failed to respond to SRA correspondence. Applying the Twinsectra test, the Tribunal made an express finding of dishonesty. With no exceptional circumstances, the Respondent was struck off the Roll and ordered to pay costs (schedule £24,762.47) subject to detailed assessment if not agreed.

Duties found breached:

• No conflict between current clients
• No improper communication with the court
• No improper use of client money
• Proper basis for allegations

Aggravating factors:

• Dishonesty found
• Misuse of substantial client money (over £60,000)
• Misleading partners and concealing a negligence claim/judgment
• Previous disciplinary finding in 1995 (fined £5,000)
• Concealment undetected for around 5 years

Mitigating factors:

• No direct financial benefit to the Respondent
• Firm was in turmoil following partner MacFarlane's arrest; decisions made under pressure
• Asserted loyalty to staff and intention to keep firm afloat
• No intention to return to practice; mid-sixties with health difficulties