Philip Luke Tarbuck

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

Sole practitioner found to have committed accounts rules breaches and, most seriously, failed to disclose material facts to lender clients (Bradford & Bingley/Mortgage Express) in 13 conveyancing transactions bearing hallmarks of fraud, including misrepresenting purchase prices on Certificates of Title and transfer documents for prices never paid. The Tribunal found dishonesty proved on both objective and subjective Twinsectra limbs. Allegation 1.5 (PI insurer details) was not proved. He was struck off the Roll and ordered to pay £20,000 costs.

Duties found breached:

• Proper basis for allegations
• No improper use of client money
• Prompt accounting and return of money
• Accounting records, reconciliation and reports
• Safeguard documents and limit liens

Aggravating factors:

• Experienced solicitor of 16 years specialising in property/conveyancing
• Course of conduct across 13 interconnected transactions, not a momentary lapse
• Ignored clear warning signs/hallmarks of mortgage fraud
• Misrepresentation of purchase price on Certificates of Title and transfer documents
• Diversion of mortgage funds, approx £1.5m unaccounted for
• Preferred borrower clients' interests over lender clients

Mitigating factors:

• No previous disciplinary matters
• Replaced cash shortage promptly via business loan
• Cooperated with SRA and made admissions where appropriate
• Wife's serious illness causing personal pressure at time of accounts breaches
• Dire financial situation - subject of IVA, near bankruptcy
• No longer in practice
• Positive testimonials provided