Mark Kenneth George Bennett - J

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

Mark Kenneth George Bennett, a partner in a personal injury firm, was found to have made payments from the firm's office account to clients (over £100,000 total) without corresponding receipts, and to have repeatedly misled clients that proceedings had been issued and settlements offered or received when they had not. He admitted all eight allegations including dishonesty. The Tribunal found all allegations proved beyond reasonable doubt, including an express finding of dishonesty. Despite mitigating factors (no prior history, contrition, financial atonement, stress-related illness), the Tribunal concluded it had no alternative but to strike him off. He was ordered to pay costs of £20,000 with immediate effect.

Duties found breached:

• Honesty
• Integrity
• Uphold public trust in the profession
• No conflict between current clients
• No improper use of client money
• Accounting records, reconciliation and reports
• Competence

Aggravating factors:

• Dishonesty involving knowingly and deliberately lying to clients
• Misconduct spanning a lengthy period (October 2005 to April 2010; misleading one client over five years)
• Multiple client matters affected (eight exemplified matters)
• Over £100,000 in payments made from the firm's office account without corollary receipts, causing loss to the firm
• Firm exposed to claims impacting professional indemnity insurance

Mitigating factors:

• No previous disciplinary history
• Admitted all allegations including dishonesty
• Showed contrition and sought to atone by reviewing files and apologising to affected clients
• Voluntarily gave up capital (£130,000) and interests in the firm to make good losses, plus agreed repayment of £10,000
• Was acting under significant stress and pressure (medico-legal psychological report indicating moderate depression and stress-related symptoms)
• Lack of robust supervision/file review systems at the firm
• No allegation of stealing client money or personal financial benefit