David Benaim

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

The Respondent, a solicitor acting for a property company on lease extension applications, failed to submit applications to the FTT within the deadline. To conceal his error, he backdated a letter (created 27 August 2014, dated 1 August 2014), fabricated an attendance note of a non-existent telephone call to the Court (created 3 September 2014, dated 14 August 2014), and falsely represented these to opposing solicitors and the FTT. He admitted all allegations and admitted dishonesty under the Twinsectra test. The Tribunal found dishonesty proven beyond reasonable doubt. Despite genuine insight, full cooperation, an unblemished 25-year career, no personal gain, and difficult personal circumstances, the Tribunal found no exceptional circumstances and struck him off the Roll, ordering agreed costs of £3,944.50.

Duties found breached:

• Non-discriminatory acceptance and cab-rank
• Not mislead the court
• Uphold public trust in the profession

Aggravating factors:

• Dishonesty proven and admitted
• Conduct was deliberate, calculated and repeated
• Respondent knew or ought to have known conduct breached obligations to protect the public and reputation of the profession
• Respondent was an experienced solicitor

Mitigating factors:

• Genuine insight into his misconduct
• Full cooperation with the Applicant and voluntary notification
• Early full and frank admissions
• Misconduct of relatively short duration
• Previously successful and unblemished 25-year career
• Not motivated by personal gain
• Difficult personal and work circumstances at the time
• Positive character references