Decision record
Daniel James Skinner
Allegation / charges
Breaches, Code of Conduct 2011, Code of Conduct for Solicitors, REL's & RFL's 2019, Dishonesty, Lack of Integrity, SRA Principles 2011, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Daniel James Skinner, a partner at Capsticks LLP, was found to have failed to serve Points of Dispute in time in housing proceedings for Client A, resulting in a Default Costs Certificate. He failed to notify or take appropriate action for the client and provided misleading and incomplete information about liability for costs and interest, including a false claim that the court had assessed the costs. The Tribunal found allegations 1.1.2 and 1.2 proved, including dishonesty under the Ivey test (allegation 1.1.1 not proved). Culpability and harm were assessed as high. No exceptional circumstances were found; pressure of work could not justify dishonesty. The Respondent was struck off the Roll and ordered to pay costs of £30,835.74.
Duties found breached:
- Honesty
- Integrity
- Not mislead third parties or opponents
- Uphold public trust in the profession
- Act in the client's best interests
Aggravating factors:
- Finding of dishonesty
- Conduct was deliberate, calculated and repeated over the period April to November 2021
- Numerous opportunities to be open and frank with client which were not taken
- 'Head in the sand' approach and attempts to cover his tracks
Mitigating factors:
- Unblemished career over 28 years with no adverse regulatory history
- Positive character references; well regarded by colleagues and clients
- Cooperation with the SRA and Tribunal
- Insight and remorse; intended to bear cost of reimbursing Client A
- Unsustainable workload/working conditions (considered as context and personal mitigation but not exceptional circumstances)
Codes & rules applied
Duties engaged
- Not mislead the court
- Cease acting on client perjury or disobedience
- Honesty
- Integrity
- Not mislead third parties or opponents
- No bribery or improper gifts
- Personal probity and fitness to practise
- Uphold public trust in the profession
- No unlawful discrimination or harassment
- Act in the client's best interests
- Advise objectively, not a mere conduit
- Keep client informed and respond promptly