Decision record
David Ellis
Allegation / charges
Breaches, Failures
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
David Ellis, a consultant solicitor at SC Law Solicitors Ltd handling personal injury claims, failed to return client files upon termination of his consultancy despite giving an undertaking, failed to comply with a High Court order (Master Yoxall) requiring delivery of files and inspection of devices, and failed to comply with court orders in two matters (Claimants C and R) resulting in both claims - in which liability had been admitted - being struck out, causing substantial harm to clients including loss of compensation (Claimant C had offers around £200,000) and costs orders against them. The Tribunal found manifest incompetence (breach of Principle 6). It proceeded in the Respondent's absence as he had disengaged entirely. No express finding of dishonesty was made. The Tribunal found the misconduct so serious that only strike-off was appropriate and ordered him struck off with costs of £22,000.
Duties found breached:
- Proper basis for allegations
- Continuity and handover of representation
- Advise on alternatives, settlement and outcome
- Handle inadvertently received material
Aggravating factors:
- Deliberate, calculated and repeated misconduct
- Continued over a protracted period (June 2016 to October 2017)
- Clients, most significantly Claimant C, were vulnerable (suffered personal injury)
- Respondent knew or ought to have known his failures materially breached duties to protect public and reputation of profession
- Extreme harm - claims struck out, clients lost access to justice and compensation and faced costs orders
- Failure to engage with the regulator and Tribunal; entirely unrepentant
Duties engaged
- Overriding duty to the court
- Proper basis for allegations
- Comply with and respect court orders
- Honesty
- Integrity
- No unlawful discrimination or harassment
- Continuity and handover of representation
- Advise on alternatives, settlement and outcome
- Handle inadvertently received material
- Safeguard documents and limit liens
- Competence
- Serve justice and improve the law