Christopher Frederick Orford Hutchins & Spencer Paul McGuire

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

Two solicitor-trustees of the Albert Harris Will Trust were before the SDT. Mr Hutchins admitted preferring the interests of South London Cleaning No 1 Ltd (owned by the trustees' wives) over the Trust/RSPCA by causing excessive payments and failing to disclose his wife's interest, and to claiming excessive professional charges of £36,652.50; his conduct was found reckless and to breach Principles 2 and 6 and Outcome 11.1. He was suspended for 2 years. Mr McGuire was found to have preferred SLC's interests by failing to disclose his wife's interest, breaching Principle 6, but the Tribunal did not find he knew charges were excessive, did not find a lack of integrity (Principle 2) or breach of Outcome 11.1, and dismissed the allegation that he authorised excessive payments to Hutchins (Applicant failed to prove authorisation in cross-examination). No dishonesty was alleged or found. McGuire was fined £15,000. Costs of £30,000 were apportioned 75% (£22,500, reduced 50% to £11,250 for means) to Hutchins and 25% (£7,500) to McGuire.

Duties found breached:

• Integrity
• No taking unfair advantage

Aggravating factors:

• Abuse of position of power and authority as trustee
• Deliberate and continued misconduct over a period of time (Hutchins)
• Attempts to conceal misconduct via opaque invoices and concealing wife's interest in SLC (Hutchins)
• Previous appearance before the Tribunal in 2010 (both Respondents)
• Reckless conduct (Hutchins)
• Harm caused to the RSPCA residuary beneficiary and to the reputation of the profession

Mitigating factors:

• Full admissions and some insight (Hutchins)
• Full co-operation with the SRA during investigation and proceedings (both)
• Early/appropriate admissions (McGuire)
• McGuire not motivated by personal gain; misconduct was a culpable oversight rather than deliberate
• RSPCA provided with Trust accounts and made no complaint about SLC payments