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C N Freeman and Another

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number9010/2004
Date01/01/2004
OutcomeFine, Strike off

Allegation / charges

Criminal Convictions, Failures

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

SanctionStrike Off
FineGBP 500
CostsGBP 2,603
Dishonesty foundYes

Two partners of Fairley & Co faced disciplinary proceedings. The First Respondent (Charles Nicholas Freeman) had pleaded guilty to theft of £5,152.50 in cash (will payments) from the firm over a protracted period, for which he received a Community Punishment Order at Luton Crown Court. The Tribunal found dishonesty and struck him off the Roll, ordering him to pay costs of £1,603.31. The Second Respondent admitted failing to comply with an Adjudicator's decision to pay outstanding indemnity premiums and failing to file an Accountant's Report on time; both were later remedied. These breaches did not involve dishonesty. Given exceptional mitigating circumstances (domestic difficulties, having been let down by dishonest colleagues, financial responsibilities met, strong references), the Tribunal imposed a low fine of £500 plus agreed costs of £1,000.

Duties found breached:

Aggravating factors:

  • Theft occurred on numerous occasions over a protracted period
  • Money stolen belonged to the Respondent's own firm/partner

Mitigating factors:

  • First Respondent admitted offence at first opportunity and co-operated with Law Society and Police
  • First Respondent reimbursed the firm; no client suffered financial loss
  • Second Respondent faced difficult and exceptional domestic and practice circumstances (wife's serious illness)
  • Second Respondent had been let down by dishonest professional colleagues
  • Second Respondent met substantial financial responsibilities and remedied the defaults
  • Impressive references submitted for Second Respondent, a past president of Bedfordshire Law Society

Duties engaged

Documents

Source: https://solicitorstribunal.org.uk/case/9010/