Decision record
Andrew James Cameron Banfill
Allegation / charges
Breaches, Client Money, Failures, Solicitors' Accounts Rules
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Andrew James Cameron Banfill, a Member of OBG Cameron Banfill LLP, faced multiple allegations following the firm's intervention in March 2009. The Tribunal, hearing the matter in his absence after refusing an adjournment, found nearly all allegations proved, including failing to protect clients, poor firm management, failure to file accountant's reports, and numerous Solicitors' Accounts Rules breaches. It found he made improper withdrawals from client account (including £110,000 on 29 October 2008 and £50,000 on 5 January 2009), transferring funds to his own US account, breaching an undertaking and removing funds subject to a Restraint Order. The Tribunal expressly found dishonesty under the Twinsectra test. He was struck off the Roll and ordered to pay costs of £67,500. Allegations 1.6, 1.13 and 1.15 were not substantiated or withdrawn.
Duties found breached:
- No improper communication with the court
- No taking unfair advantage
- Uphold public trust in the profession
- No conflict between current clients
- No improper use of client money
- Accounting records, reconciliation and reports
- Competence
- Diligence and timeliness
- Firm governance, systems and compliance
- Report serious misconduct of others
- Honour professional undertakings
Aggravating factors:
- Dishonest conduct in withdrawing client funds for personal benefit
- Funds transferred to his own US bank account
- Removal of funds subject to a Proceeds of Crime Act Restraint Order
- Breach of an undertaking to a lender
- Significant cash shortage of at least £400,869 on client account
- Failure to engage with proceedings or provide explanation
Duties engaged
- No improper communication with the court
- Honesty
- Integrity
- No taking unfair advantage
- Uphold public trust in the profession
- Protect legal professional privilege
- No conflict between current clients
- No improper use of client money
- Accounting records, reconciliation and reports
- Competence
- Diligence and timeliness
- Firm governance, systems and compliance
- Report serious misconduct of others
- Honour professional undertakings
Documents
Source: https://solicitorstribunal.org.uk/case/10316-2009-10850-2011/