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Lynne Muscroft

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number11633/2017
Date01/01/2017
OutcomeStrike off

Allegation / charges

Breaches, Solicitors' Accounts Rules

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

SanctionStrike Off
CostsGBP 17,438
Dishonesty foundYes

The Respondent, who led the firm's personal injury department, misled her client JW and the defendant insurer's solicitors regarding a dental negligence claim, accepting a £5,000 settlement offer without instructions and leading JW to believe her matter had settled for £60,500. To fund a purported settlement payment to JW, she improperly transferred funds from seven unrelated client matters into the JW client ledger without authority. She admitted dishonesty (Twinsectra/Bultitude test) and that she had misused client funds over a period of more than 10 years. The Tribunal, dealing with the matter on the papers via an agreed outcome, found her admissions properly made and ordered she be struck off, with no exceptional circumstances identified.

Duties found breached:

Aggravating factors:

  • Misconduct involved dishonesty
  • Breach of the SAR 2011 was deliberate and repeated
  • Misconduct continued over a period of time
  • Misconduct involved the concealment of wrongdoing
  • Respondent knew or ought reasonably to have known the conduct was in material breach of obligations to protect the public and the reputation of the profession

Mitigating factors:

  • Made open and frank admissions at an early stage and cooperated with the SRA
  • Evidence of insight in light of admissions made
  • No prior regulatory disciplinary history
  • Did not gain personally; misuse of funds was a misguided attempt to satisfy clients and the firm

Documents

Source: https://solicitorstribunal.org.uk/case/11633/