Simon Charles Belfield & Mark Robert Davies & Judith Read

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

The SRA brought proceedings against three Respondents arising from the practice of withholding cheques for unpaid professional disbursements, keeping client money in the office account beyond permitted time limits (total value £530,713.43, longest 270 days). The First and Second Respondents (directors who took over the Firm in July 2012) denied all allegations; the Tribunal found they had no knowledge of the improper practice before the takeover and had acted diligently to rectify it afterwards, dismissing all allegations against them with no order for costs. The Third Respondent (Practice Manager and Head of Accounts) admitted all allegations, including failure to act with integrity. The Tribunal made a Section 43 order against her (requiring SRA permission for employment by a solicitor) and ordered her to pay costs of £10,610.85 (one fifth of the Applicant's costs). No dishonesty was found.

Duties found breached:

• No improper communication with the court
• Handle inadvertently received material
• No improper use of client money

Mitigating factors:

• Admitted all allegations from the outset
• Clear and well-developed insight
• First to bring the withholding of cheques to the attention of the FIO
• Believed she had discharged her duty to report by highlighting breaches to KD; only later learned of personal reporting duty
• Cared for elderly mother suffering from dementia
• Currently unemployed following the Firm going into administration
• Practice of withholding cheques was instigated by others (KD and AB)