Decision record
Christopher John William Gauvain
JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number8650/2002
Date01/01/2002
OutcomeStrike off
Allegation / charges
Client Money, Solicitors' Accounts Rules
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
SanctionStrike Off
CostsGBP 5,129
Dishonesty foundYes
Christopher John William Gauvain, a solicitor admitted in 1967 specialising in probate and trusts, was found to have misused client funds totalling £40,614.75 through improper transfers between unconnected clients and payments, including using client money to settle a bill of costs due to the firm. The Tribunal applied the Twinsectra test and found his actions dishonest, rejecting ill-health as a defence given misconduct began before his health deteriorated and no medical evidence showed he did not know his conduct was wrong. He was struck off the Roll and ordered to pay costs of £5,128.75.
Duties found breached:
Aggravating factors:
- Widescale misuse of clients' funds over a long period
- Conduct began before deterioration in health
- Client money used to pay another unrelated client's costs and firm's bill
- Failure to provide any explanation for actions
- Breach of stewardship over clients' funds
Mitigating factors:
- Serious ill-health (diabetic coma, prolonged hospitalisation)
- High esteem in which held by former partners as honest and conscientious
- Long-standing career of 30 years