Alison Heylin & Clive Heylin

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

Alison Heylin, sole director of a legally aided family law firm, admitted multiple breaches of the Solicitors Accounts Rules arising from improper transfers made largely by her husband (the Second Respondent, the Practice Manager), including a dishonesty allegation relating to two £5,000 transfers from client to office account on 11 January 2011 to satisfy creditors when bailiffs attended. The Tribunal found all allegations proved, including an express finding of dishonesty (admitted). However, given exceptional circumstances—principally her clinical depression at the relevant time, her retrospective rather than advance consent, repayment within about a month, and the short duration of the dishonesty with no client loss—the Tribunal departed from the usual striking-off sanction and imposed a three-year suspension with post-suspension conditions. The Second Respondent was made subject to a section 43 order. Costs of £14,000 were ordered jointly and severally, enforceable only by a charge on the Respondents' jointly owned property.

Duties found breached:

• Not mislead the court
• Honesty
• No improper use of client money
• Prompt accounting and return of money
• Report serious misconduct of others

Aggravating factors:

• Accounts rules breaches occurred over a period of about two years
• Client account shortage (£55,517.83 as at 28 February 2011) remained unremedied for about three years
• Funds used as working capital for the firm/to pay creditors

Mitigating factors:

• Full admissions made from the outset and cooperation throughout investigation and proceedings
• First Respondent suffering from clinical depression (a recognised mental disorder) at the relevant time, adversely affecting her judgment and functioning (unchallenged psychiatric report)
• Consent to the transfers was retrospective rather than given in advance; she was not properly consulted
• Dishonest acts occurred on one day and the shortage was remedied within about a month
• No client suffered loss and no claims on the Compensation Fund
• No direct personal financial benefit; worked in publicly funded sector with low remuneration
• Positive testimonials and good professional reputation
• No previous disciplinary findings