Richard John Swinburn

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

Sole practitioner Richard John Swinburn faced 18 allegations including accounts rules breaches, undertaking failures, overcharging clients, failing to disclose that £35,000 damages had been received while purporting to 'lend' a client £4,000 of her own money, and misleading SRA Investigation Officers. He did not attend. The Tribunal found all allegations proved and made express findings of dishonesty (applying the Twinsectra test) regarding the misleading representations to a client, overcharging, and misleading the Investigation Officers. He was struck off the Roll and ordered to pay £30,000 costs. His practice had been intervened in and he was made bankrupt in November 2007.

Duties found breached:

• Disclose adverse law to the court
• No improper communication with the court
• No taking unfair advantage
• Disclose material information to client
• Advise on alternatives, settlement and outcome
• No conflict between current clients
• No improper use of client money
• Accounting records, reconciliation and reports
• Diligence and timeliness
• Honour professional undertakings
• Truthful, non-misleading advertising

Aggravating factors:

• Previous appearance before the Tribunal in December 2003 with fine and costs
• Distress caused to clients
• Misleading the Investigation Officers
• Admitted overcharging but gave no explanation