Brian Lewis Barso & Kevin Underwood & Matthew Phillips

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

Brian Barso, a partner/director at McKeowns Solicitors, received approximately £2.4 million (inc VAT) over three years through payments routed from insurance broker BCR (run by his friend Mr Harrold) and from medical expert Dr A, channelled via companies and his then wife's consultancy. The Tribunal found these were largely commissions linked to client matters, not disclosed to clients or his business partner. It found the payments were not made in good faith and that he took unfair advantage of clients. It found express dishonesty under the Twinsectra test, citing false emails, concealment, and circuitous payment mechanisms. He was struck off and ordered to pay £100,000 costs (total costs assessed at £120,640). The two unadmitted clerks who admitted retaining secret commissions (Underwood approx £16,000; Phillips approx £3,000) were each made subject to s43 orders and ordered to pay £10,320 costs each.

Duties found breached:

• Disclose referrals, commissions and benefits
• Honesty
• No conflict between current clients
• No taking unfair advantage

Aggravating factors:

• Dishonesty proved to highest standard
• Very large sums received (approx £2.4m inc VAT via wife's consultancy)
• Deliberate concealment from business partner Mr McKeown via circuitous payment route
• Creation of false documents (emails purporting to be from his then wife)
• Continued instructing Dr A despite questions over his integrity, for personal financial gain
• Allowed personal financial interests to take precedence over professional obligations

Mitigating factors:

• Serious illness of his young daughter from mid-2007 (personal distraction)
• Strain of an ultimately unsuccessful police prosecution (2009-2011)
• No previous disciplinary findings
• Character references including from his ex-wife
• Prevailing culture in the personal injury 'industry' of paying/receiving commissions