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
The Respondent, a partner specialising in leasehold litigation, failed to serve Points of Dispute in time while acting for Client A in housing proceedings, resulting in a Default Costs Certificate being issued against the client (£22,888.20). He did not notify Client A of the missed deadline, the Certificate, or subsequent enforcement steps (interest claim of £3,957.77, charging order applications), and provided misleading information (falsely stating the court had assessed the costs). The Tribunal found Allegation 1.1.2 and Allegation 1.2(a) and (b) proved, including dishonesty, and found Allegation 1.1.1 not proved. The Respondent was struck off the roll.
Duties found breached:
- Integrity
- No conflict between current clients
- No improper solicitation or touting
- Non-discriminatory acceptance and cab-rank
Aggravating factors:
- Misleading information provided to client (false statement that court had assessed costs)
- Conduct deprived client of opportunity to challenge costs and to consider a claim against the Respondent/Firm
- Repeated failures to respond to correspondence and notify client over an extended period
- Lack of transparency amounting to a 'smokescreen'
Mitigating factors:
- Respondent operated under an intense and unsustainable workload (over 200 cases versus a sustainable ~50)
- Respondent sought additional assistance from the Firm which was not forthcoming
- Respondent apologised for his errors
- Respondent offered clients the opportunity to switch to alternative representation
- Respondent was professional and credible in his oral evidence
Codes & rules applied
Duties engaged
- Act only on proper, lawful instructions
- Advise on alternatives, settlement and outcome
- Avoid wasting the court's time
- Cease acting on client perjury or disobedience
- Client-care and engagement terms
- Client confidentiality
- Competence
- Complaints procedure and handling
- Comply with and respect court orders
- Comply with rules of foreign jurisdictions
- Continuity and handover of representation
- Cooperate openly with regulators
- Costs and fee transparency to client
- Diligence and timeliness
- Disclose adverse law to the court
- Disclose material information to client
- Disclose referrals, commissions and benefits
- Fair dealing with unrepresented parties
- Fair, reasonable and lawful fees
- Full disclosure on ex parte applications
- Good faith and courtesy to colleagues
- Handle inadvertently received material
- Hold a current practising certificate
- Honour professional undertakings
- Keep client informed and respond promptly
- Maintain competence and CPD
- Manage conflict arising mid-matter
- No abuse of process or coercive powers
- No acting against a former client
- No baseless or threatened misconduct report
- No conflict between current clients
- No direct dealing with represented party
- No improper benefit, loan or bequest
- No improper communication with the court
- No improper fee-sharing or partnership
- No improper questioning of witnesses
- No improper solicitation or touting
- Non-discriminatory acceptance and cab-rank
- No obstruction or victimisation of reporters
- No own-interest conflict
- No payments to witnesses on evidence
- No personal opinion or familiarity with court
- No prejudicial publicity for pending cases
- No standing bail or surety for client
- No taking unfair advantage
- No tampering with or coaching witnesses
- Not mislead the court
- Not mislead third parties or opponents
- Not misrepresent regulated status
- Pay instructed practitioners and agents
- Professional indemnity insurance
- Proper basis for allegations
- Proper termination and return of instructions
- Prosecutorial duty of disclosure
- Prosecutorial fairness and impartiality
- Protect capacity and vulnerable clients
- Protect legal professional privilege
- Report serious misconduct of others
- Safeguard documents and limit liens
- Self-report to the regulator
- Truthful, non-misleading advertising