Neil Ian Benson

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

The Respondent, a solicitor acting for a client on an adverse possession claim, failed to materially progress the matter between January 2013 and September 2014 despite 14 chasing communications from the client. To conceal his failure to lodge the Land Registry application, on 29 September 2014 he created 6 false backdated letters purporting to lodge and chase the application and placed them on the client file. The Tribunal, dealing with the matter on the papers via an agreed outcome, found the admitted allegations proved beyond reasonable doubt, including an express finding of dishonesty (Twinsectra/Bultitude test), and ordered him struck off the Roll plus costs of £5,429.70.

Duties found breached:

• Act in the client's best interests
• Integrity
• Non-discriminatory acceptance and cab-rank
• Uphold public trust in the profession

Aggravating factors:

• Misconduct involved dishonesty
• Breach of SRA Principles was deliberate and repeated
• Misconduct continued over a period of time
• Misconduct involved concealment of wrongdoing
• Respondent knew or ought to have known the conduct was in material breach of obligations to protect the public and the reputation of the profession

Mitigating factors:

• Respondent voluntarily self-reported to the SRA
• Made open and frank admissions at an early stage and cooperated with the SRA
• No prior regulatory/disciplinary history
• Challenging personal circumstances; suffering from stress and depression (supported by medical evidence)