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Susan Irene McCarville

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number11465/2016
Date01/01/2016
OutcomeStrike off

Allegation / charges

Breaches, Failures

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

SanctionStrike Off
CostsGBP 6,183
Dishonesty foundYes

The Respondent, a Member at THP Solicitors, was found to have acted dishonestly across multiple allegations: she misled client PK into believing the firm had not received a £10,000 instalment when it had (altering a statement of account to conceal it); she withdrew £11,309.41 from another client (DK)'s account without consent to pay PK, making false entries on withdrawal/payment slips by using PK's bank details under DK's name; she failed to remedy the resulting shortage promptly (repaying from her own funds); and she misled PK into believing court proceedings had been issued when they had not. The Tribunal found all allegations including dishonesty proved on admissions and documents. Applying Twinsectra, both limbs of dishonesty were satisfied. Finding no exceptional circumstances per SRA v Sharma, the Tribunal struck her off the Roll and ordered costs of £6,183.30.

Duties found breached:

Aggravating factors:

  • Dishonest conduct in several instances
  • Conduct was deliberate, calculated and took place over a long period
  • Concealed wrongdoing by altering a statement of account
  • Entered false details on withdrawal/payment slips
  • Misled client about progress of court proceedings
  • Devious element - identified a client with the same surname to disguise the transfer

Mitigating factors:

  • Repaid funds to DK's account from her own bank account including interest
  • Cooperated with the regulator and proceedings
  • Showed genuine insight and remorse
  • Made open and frank admissions at an early stage
  • Previously long unblemished career
  • No personal benefit from the transferred funds
  • Stressful period at work, personal difficulties and health issues

Documents

Source: https://solicitorstribunal.org.uk/case/11465/