Martin John Davy
JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number10356/2009
Date01/01/2009
OutcomeStrike off
Allegation / charges
Breaches, Failures
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
SanctionStrike Off
CostsGBP 25,386
Dishonesty foundYes
Respondent solicitor admitted misappropriating client and trust money (including from Mrs G's £80,370.07 damages trust), taking money paid on account of costs into his own account, and making false ledger entries to conceal negligent handling by paying one client's money to another. The Tribunal found the allegations proved and made an express finding of dishonesty under the Twinsectra test. He was struck off the Roll and ordered to pay fixed costs of £25,385.93, not to be enforced without the Tribunal's consent.
Duties found breached:
Aggravating factors:
- Multiple instances of misappropriation over an extended period
- Misappropriation of trust money as sole trustee
- Making false accounting entries to conceal negligence
- Intercepting letters from former firm enquiring about his conduct
Mitigating factors:
- Always intended to repay the money taken
- Cooperation with the Investigation Officer
- Early admission of the allegation
- Believed he had suffered a breakdown after losing former partnership
- Financial, personal and relationship difficulties; heavy drinking
- House sold and proceeds sufficient to repay, held by police for distribution
- Remorse; unemployed for 15 months living on Jobseekers Allowance
- Parlous financial circumstances