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Charles Elwes Dunbar

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number11055/2012
Date01/01/2012
OutcomeStrike off

Allegation / charges

Breaches, Client Money, Failures, Solicitors' Accounts Rules

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

SanctionStrike Off
CostsGBP 16,000
Dishonesty foundNo

Sole practitioner Charles Elwes Dunbar admitted 11 allegations relating to misuse of client funds, including paying out £80,000 and £143,098.62 from client account without cleared funds, creating a shortfall of nearly £230,000, poor conveyancing on Ms T's matter (failing to register interests and protect lender's charge), failing to fulfil an undertaking, and failing to notify his PI insurers. The Tribunal found a lack of integrity (breach of Rule 1.02/Principle 2) but made no express finding of dishonesty. Considering the case at the highest level of seriousness, the Tribunal struck him off the Roll and ordered costs of £16,000.

Duties found breached:

Aggravating factors:

  • Used substantial client funds (around £230,000) for benefit of a particular client, putting clients' money at risk
  • Gambled with client funds relying on uncertain future repayment
  • Previous disciplinary finding in 2009 (fined £2,500)
  • Matter came to light through a former colleague's report rather than self-reporting
  • Failed to notify insurers after creating a potential claim situation

Mitigating factors:

  • Co-operation with the SRA investigation
  • Admissions to all allegations
  • Apology to the Tribunal
  • Reliance on client Mrs B's assurances of funds (later said to have been released)
  • No intention to practise again

Documents

Source: https://solicitorstribunal.org.uk/case/11055/