Alistair George Kay

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

Aberdeen sole practitioner Alistair George Kay faced four conjoined Complaints heard in his absence on affidavit evidence. The Tribunal found him guilty of professional misconduct for repeated failures to respond to the Law Society, Master Policy insurers and another firm; non-payment of his insurance self-insured amount; breaches of the Accounts Rules (no proper records for three years); failures regarding the executry of Ms A; and making false declarations in five accounts certificates. The Tribunal expressly found dishonesty in the deliberate false declarations. He was struck off the Roll, found liable in expenses, and Section 53C orders were made for unimplemented Law Society directions.

Duties found breached:

• No improper communication with the court
• Keep client informed and respond promptly
• No conflict between current clients
• Handle inadvertently received material
• Prompt accounting and return of money
• Self-report to the regulator

Aggravating factors:

• Willingness to resort to dishonesty to cover misconduct via false declarations in five accounts certificates over two years
• Complete lack of care or concern for his own clients, especially in relation to the executry of Ms A
• Failure to take any part in the Tribunal proceedings
• Ongoing course of conduct over more than four years
• Lack of remorse and insight
• Conduct presented a danger to the public

Mitigating factors:

• No claim on the Guarantee Fund; client account deficit was ultimately an accounting exercise that would have been a surplus had fees been properly rendered