Timothy James Penny

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

The Respondent, an assistant solicitor in a prison law department, misled his client Mr SC into believing a compensation claim against the Home Office had been made and succeeded, when no such claim had been commenced. He made false and misleading statements to his employer and produced a forged letter purporting to be from the Criminal Appeal Office stating a £16,500 award had been ordered. The Tribunal found all three allegations proved to the highest standard (admitted) and, applying the Twinsectra test, found dishonesty proved beyond reasonable doubt in three respects. Despite his previous good character, remorse, lack of benefit, and stress, there were no exceptional circumstances, and he was struck off the Roll and ordered to pay costs.

Duties found breached:

• Uphold public trust in the profession
• No conflict between current clients

Aggravating factors:

• Production of a forged letter purporting to be from the Criminal Appeal Office, which was blatant, deliberate and undermined the integrity of the profession
• Dishonesty proved in three respects
• Repeated misleading of both client and employer over a period of time

Mitigating factors:

• Previous good character / no prior disciplinary findings
• Derived no personal benefit from the conduct
• Admitted the basic allegations and made early admissions to his employer
• Expressed remorse and shame
• Was suffering from stress (though unsupported by medical evidence)
• Well-liked by colleagues and clients per partner's evidence