Nicholas J H Bennett & Bennets Law Practice Ltd

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

Sole principal solicitor and his recognised body faced nine allegations of breaches of the Solicitors Accounts Rules and Code of Conduct, including improper payments from client account (salaries, personal payments, premature stamp duty transfers), false accounting entries, failure to remedy breaches, improper cost transfers, and practising in breach of a practising certificate condition. The First Respondent admitted all factual matters but denied dishonesty. The Tribunal found his conduct dishonest by objective standards but, applying the Twinsectra test, was not satisfied he subjectively realised his conduct was dishonest, so made no finding of dishonesty. Despite the absence of dishonesty, given the numerous serious breaches over a prolonged period and the priority of protecting the public, the First Respondent was struck off the Roll, the body's recognition revoked, and costs of £47,393.96 ordered jointly and severally (not enforceable without permission).

Duties found breached:

• No conflict between current clients
• No improper use of client money
• Prompt accounting and return of money
• Accounting records, reconciliation and reports
• Diligence and timeliness
• Hold a current practising certificate

Aggravating factors:

• Numerous breaches of accounts rules over a prolonged period
• Payment of staff salaries from client account on seven occasions
• Client (Mr DH) would not have been able to exchange contracts due to depletion of client account for stamp duty never incurred
• Significant abrogation of responsibilities; did not routinely check bank statements
• Failure to supervise his wife (the cashier) who carried out many improper transactions
• Breaches continued after the SRA investigation began

Mitigating factors:

• No finding of dishonesty
• Full and frank admissions to all factual matters
• Cooperated with the SRA and Tribunal
• Did not hide information from accountants
• Compelling character evidence and 25 testimonials
• Serious health difficulties of First Respondent and his wife (cashier)
• Various business difficulties (failed software installation, bank transfer, departure of former director)
• All shortages repaid; no long-term personal gain
• Ceased improper suspense account practice when told it was improper
• No previous disciplinary record

⚠ figures not found verbatim in the source were dropped: ["review_dishonesty_finding_cue_present"]