John Rhys Davies

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

John Rhys Davies, a sole practitioner, was found to have dishonestly overcharged in two probate estates (Mrs N and Mr A deceased), raising round-sum invoices unsupported by any work records, and to have used £80,000 of client money from Mrs N's estate to fund an excessive payment to another client (Mrs P) to compensate for his negligence, which he concealed from her. A minimum cash shortage of £135,912.25 was identified. He failed to give clients written notice of costs, breached multiple Accounts Rules, failed to disclose to Mrs P that her property had been sold, and failed to cooperate with the SRA. The Tribunal proceeded in his absence after refusing a third adjournment application it deemed contrived. Applying the Twinsectra test, the Tribunal found express dishonesty and ordered him struck off, with costs of £29,000.

Duties found breached:

• Disclose material information to client
• No conflict between current clients
• No improper communication with the court
• No improper use of client money
• No taking unfair advantage

Aggravating factors:

• Premeditated conduct
• Charities were residual beneficiaries affected by improper charges
• Previous Tribunal finding in 2007 with a £4,000 fine and a warning that was ignored
• Failure to engage with regulator and to rectify cash shortage
• Deception of vulnerable client Mrs P over a long period