Bernardo De Abbeville Paz-Penia De Vire

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

Sole practitioner solicitor admitted conduct unbefitting a solicitor for failing to deliver Accountant's Reports for years ending 31 March 2003 and 2004 and failing to comply with two Adjudicator directions. The Tribunal, noting his ill-health and lack of harm to clients but also the lengthy non-compliance, imposed a £2,000 fine, ordered £991 costs, and made a conditional order that he file outstanding Reports (or obtain a waiver) within 90 days or face indefinite suspension from 4 October 2007. No dishonesty was found.

Duties found breached:

• No improper communication with the court
• Advise on alternatives, settlement and outcome
• Prompt accounting and return of money
• Diligence and timeliness

Aggravating factors:

• Long period of non-compliance dating back to Reports due in 2003
• Failed to send in bank statements despite being given opportunity to seek a waiver
• Accountant's Reports are an essential part of public protection

Mitigating factors:

• Serious bouts of depression in 2005 and 2006, hospitalised in Spanish psychiatric hospital
• No complaints, claims or harm to clients or the public over 10 years in practice
• Admitted the allegations and cooperated
• Financial difficulties and unemployment
• Willingness to put matters right