Barry Worthington

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

Barry Worthington, a conveyancing clerk with over 30 years' experience, mishandled a conveyancing transaction: he released mortgage advance monies without securing the lender's charge, prepared and backdated an assent form, and witnessed signatures he had not seen, relying on assurances of a client who turned out to be dishonest. This led to a £36,688 loss to the Compensation Fund. The Tribunal expressly found him to be an honest man who made unfortunate mistakes (no dishonesty found). It made the section 43 order restricting his employment in the solicitors' profession, but suspended filing so his employer could seek permission to continue employing him, and ordered him to pay agreed costs of £696.30.

Duties found breached:

• No improper communication with the court
• Handle inadvertently received material
• Safeguard documents and limit liens
• Not misrepresent regulated status

Aggravating factors:

• Loss of £36,688 to the Law Society's Compensation Fund
• Backdating of documents and witnessing signatures not actually seen

Mitigating factors:

• No personal financial gain
• Full co-operation with police and frank throughout
• Genuine mistake, out of character
• Victim of a dishonest client (Mr C)
• 33 years' service to the profession with excellent testimonials and support from his employer
• Not prosecuted