Aymer Jan Patrick Hutton

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

The Respondent, a partner at Cunningtons LLP with ~33 years' experience, in a telephone call and email on 2 July 2021 attempted to procure the backdating of a Transfer Form by the sellers' solicitors so completion would appear to have occurred on 30 June 2021, enabling his client to benefit from the Stamp Duty Land Tax holiday after completion actually took place on 1 July 2021. The sellers' solicitors refused. The Respondent admitted breaches of Principles 2 and 5 but denied dishonesty, claiming he was treating it as a 'delayed/deemed completion'. The Tribunal rejected this account, found his primary motive was avoiding SDLT liability (~£6,000) that would fall on his client or firm, and made an express finding of dishonesty under the Ivey test. No exceptional circumstances were found; he was struck off and ordered to pay agreed costs of £5,000.

Duties found breached:

• Good faith and courtesy to colleagues
• Honesty
• Integrity
• Uphold public trust in the profession

Aggravating factors:

• Respondent was an experienced solicitor (~30-33 years)
• Conduct would have involved another party (the sellers' solicitor) in wrongdoing
• Motivated by avoiding SDLT liability (~£6,000) to client/firm
• Risk of deceit upon HM Revenue and Customs and harm to reputation of the profession

Mitigating factors:

• Isolated, discrete and momentary lapse lasting about 30 minutes
• Not pre-planned
• Occurred during exceptionally busy working day at end of SDLT holiday
• Unblemished career of 33 years and numerous character references
• Prompt admissions and cooperation with the Regulator
• Genuine and sincere remorse
• No repeat of conduct
• No client placed at loss and appropriate SDLT was ultimately paid