§ discipline
‹ Back

Matthew James Machen Barker

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number12524/2023
Date09/08/2024
OutcomeSuspend - Fixed Period

Allegation / charges

Code of Conduct 2011, SRA Principles 2011

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

SanctionOther
Dishonesty foundNo

The Respondent, a senior partner at Clarke Willmott LLP, was found to have engaged in inappropriate, unwanted and sexually motivated conduct toward Person A, a newly promoted female partner, at a firm partners' away weekend on 16 June 2012. Findings included entering her hotel room uninvited, sitting on her bed, refusing to leave when repeatedly asked, asking to lie next to her all night, making crude sexual remarks (including that he 'would really like to fuck her'), rubbing her back and trying to pull her toward the bed, and sending a 'Needing a cuddle' text at 5:08am. The Tribunal proceeded in his absence, having found service was effected (just) and his non-attendance voluntary. It found this was not private-life conduct but occurred at a firm event involving a clear power imbalance. The Tribunal found breaches of Principles 2 and 6 and Outcome 11.1, finding he acted without integrity (NOT dishonesty) and took unfair advantage of Person A. The text ends before the sexual-motivation analysis is completed and before any sanction or costs determination.

Duties found breached:

Aggravating factors:

  • Power imbalance: Respondent was a senior partner and Management Board member while Person A was newly promoted
  • Respondent had referenced his board position/seniority to assert power over Person A
  • Earlier aggressive behaviour toward Person A and having made another female partner cry

Mitigating factors:

  • Respondent expressed regret and apology at the time, describing himself as 'monumentally apologetic'
  • Voluntarily resigned from the Management Board
  • Cited health issues, medication/antibiotics, alcohol and family pressures (son's illness)

Codes & rules applied

Documents

Source: https://solicitorstribunal.org.uk/case/12524/