Paul Ashley Henry

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

Sole practitioner Paul Ashley Henry was found to have engaged in a systematic and prolonged course of dishonest conduct, grossly overcharging clients (Mrs FJ, Mr S, Mrs BD, Mr and Mrs T, and Mr PB & Miss KM) and improperly transferring client funds (SDLT, Land Registry fees, counsel/expert fees and retentions) into office account to prop up his overdraft and fund payments for his own benefit. The Tribunal found dishonesty proved beyond reasonable doubt on allegations 1.1 and 1.2, and found all six allegations proved including breaches of the Solicitors Accounts Rules. Despite medical evidence of depression, the Tribunal found no exceptional circumstances and struck him off the Roll, ordering costs of £60,000 not to be enforced without leave of the Tribunal. He did not attend the hearing.

Duties found breached:

• Not mislead the court
• Proper basis for allegations
• No improper communication with the court
• No improper use of client money
• Accounting records, reconciliation and reports

Aggravating factors:

• Systematic and prolonged course of dishonest conduct
• Gross overcharging of clients (overcharges ranging from 355% to over 4,445%)
• Removal of client monies to prop up office overdraft and fund payments for his own benefit and to his wife
• Alteration/discrepancies in documents (e-mails and letters) indicating attempts at concealment
• Created purported bills that were not genuine and not delivered to clients
• Refused to accept any error and made no admissions
• Pattern of behaviour across multiple client matters

Mitigating factors:

• Suffered from depression and mental health difficulties as noted in psychiatric report
• Subject to stressful factors including economic downturn
• Money borrowed for office move had to be diverted to fund a locum during illness
• No previous disciplinary appearances
• Recently discharged from bankruptcy, on benefits, with a young child