B Hellewell

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

The Respondent, a solicitor since 1978, used client monies on two separate occasions to pay his personal MBNA credit card (£4,970.27 in the Mr HF estate and £1,106.92 in the Mrs JS estate) and created two false letters to conceal one payment. The Tribunal made an express finding of dishonesty under the Twinsectra test, rejecting the argument that his clinical depression rebutted dishonesty as it did not prevent him distinguishing right from wrong. Allegations re a defective will and an undertaking were found not proved. The Tribunal found the case did not fall within the exceptional residual category and struck him off the Roll, ordering costs of £22,000.

Duties found breached:

• No conflict between current clients
• No improper communication with the court
• No improper use of client money
• Uphold public trust in the profession

Aggravating factors:

• Dishonesty involved misappropriation of client money on two separate occasions
• Creation of two false letters to conceal a payment
• Conduct was not momentary - approximately five months between the two payments and a considered thought process
• Personal benefit to the Respondent
• Adverse effect on clients/beneficiaries

Mitigating factors:

• Previously impeccable and lengthy career (admitted 1978) with no prior disciplinary matters
• Clinical depression at the material time (per Dr Somekh's report)
• Cooperation throughout and partial admissions
• Repaid the monies
• Made frank admissions of one matter when challenged
• Positive character reference and continued employment under supervision