Moss-Davies

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

Solicitor Katherine Elaine Moss-Davies, previously suspended indefinitely in April 2003, faced 14 allegations of conduct unbefitting a solicitor including removing and retaining client files without authority, holding client monies/papers while suspended, failing to respond to OSS correspondence, failing to file Accountant's Reports, breaching indemnity rules, and failing to comply with two Adjudicator directions concerning clients Mr W and Mrs B. The Applicant expressly did not allege dishonesty. The Respondent did not attend; her only response was a fax on the hearing morning with no supporting evidence. The Tribunal, noting her three prior appearances for similar conduct and harm to clients, found all allegations substantiated, struck her off the Roll, ordered costs of £12,623.96, and made the two Adjudicator directions enforceable as High Court orders.

Duties found breached:

• Account for interest on client money
• Accounting records, reconciliation and reports
• Advise on alternatives, settlement and outcome
• Avoid wasting the court's time
• Handle inadvertently received material
• Hold a current practising certificate
• No conflict between current clients
• No improper communication with the court
• Not mislead the court
• Prompt accounting and return of money
• Safeguard documents and limit liens

Aggravating factors:

• Three previous appearances before the Tribunal for similar conduct (1997 x2, 2003)
• Described by previous Tribunal as 'a master of prevarication and delay'
• Clients suffered harm, particularly Mrs B who was 'particularly badly treated'
• Continued to blame others and accepted no responsibility
• Conduct extended over a long period
• Failure to comply with Adjudicators' directions, leaving two clients awaiting payment

Mitigating factors:

• Asserted ill health/possible breakdown (though no medical evidence provided)