David Alan Webb

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

The Solicitors Disciplinary Tribunal found all four allegations proved against David Alan Webb. He prepared a 2009 Will in which his cohabiting partner/employee benefited, taking instructions from a third party (the client's accountant) without advising the client (CW) to seek independent legal advice, creating a conflict and failing to act in the client's best interests. After being disinstructed by CW and giving an undertaking to CW's new solicitors not to register the transfer of a property to RMP LLP, Webb nevertheless registered the transfer weeks after CW's death. The Tribunal rejected his explanation of 'innocent mistake', finding his conduct deliberate, lacking integrity, diminishing public trust, and dishonest under the Twinsectra test. Although there was no personal benefit and the beneficial interest remained with the client, the Tribunal found no exceptional circumstances and ordered him struck off, with costs of £20,000 (reduced from £23,000 to reflect an adjournment), not enforceable without leave. Subsequent appeals to the High Court and Court of Appeal were dismissed.

Duties found breached:

• Honour professional undertakings
• No conflict between current clients
• Uphold public trust in the profession

Aggravating factors:

• Dishonesty finding (Twinsectra objective and subjective tests satisfied)
• Deliberate registration of transfer contrary to client's clear instructions and own undertaking
• Failed to admit the breach or take steps to rectify it until proceedings
• Damaged credibility as a witness

Mitigating factors:

• No previous disciplinary history since admission in 1977
• No actual financial loss/benefit (beneficial interest remained with client)
• Prompt admission of allegations 1.1 and 1.3
• Full co-operation with the SRA
• Took CPD courses to address knowledge gap
• Positive testimonials