Philip Luke Tarbuck

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

Sole practitioner conveyancer found to have committed accounts breaches (admitted), failed to deliver lender's files, and failed to file an accountant's report. The most serious allegation was failing to disclose material facts to lender clients in 13 conveyancing transactions bearing the hallmarks of mortgage fraud, involving misrepresentation of purchase prices never paid and diversion of mortgage funds to investment companies owned by his borrower clients. The Tribunal found both limbs of the Twinsectra dishonesty test satisfied and made an express finding of dishonesty. The allegation regarding non-disclosure of PII insurers was dismissed as not proved. He was struck off the Roll and ordered to pay costs of £20,000.

Duties found breached:

• Proper basis for allegations
• No improper communication with the court
• No improper use of client money
• Accounting records, reconciliation and reports
• Diligence and timeliness

Aggravating factors:

• Course of conduct across 13 interconnected transactions, not a momentary lapse
• Experienced solicitor with 16 years in practice who ignored clear warning signs of mortgage fraud
• Diversion of mortgage funds (approx £1.5m unaccounted for; £1,256,049.29 used other than for completion monies)
• Misrepresentation of purchase price on Certificates of Title and transfer documents
• Preferred one client's interests over lender clients

Mitigating factors:

• No previous disciplinary matters; accounts never previously qualified
• Replaced client account shortage promptly and took out a business loan to make good the shortfall
• Cooperated with SRA and made admissions where appropriate
• Wife's suspected recurrence of serious illness caused pressure at time of accounts breaches
• Charge registered on properties for benefit of lender in each case; conduct conducted openly; paid correct Stamp Duty
• No longer in practice and in dire financial situation (IVA, verging on bankruptcy)
• Positive testimonials