Decision record
Dennis Raymond Barkwill
JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number6955/1995
Date01/01/1995
OutcomeStrike off
Allegation / charges
Client Money, Failures, Solicitors' Accounts Rules
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
SanctionStrike Off
CostsGBP 3,742
Dishonesty foundYes
Sole practitioner Dennis Raymond Barkwill admitted improperly transferring client money to office account by drawing interim bills for work not done in three deceased estates, causing a minimum client account shortage of £42,370.50 and failing to distribute residuary estates to beneficiaries. Though he had a long, respected career and denied dishonesty, the Tribunal found his substantial overcharging and transfers, with untrue bill narratives, amounted to dishonesty. He was struck off and ordered to pay costs of £3,741.85.
Duties found breached:
Aggravating factors:
- Substantial overcharging across three estates totalling significant sums
- Minimum client account shortage of £42,370.50
- Bills drawn with untrue narratives for work not carried out
- Residuary beneficiaries deprived of monies due within a reasonable time
- Respondent benefitted as his firm survived through use of clients' money
- Shortage not rectified at time of discovery
Mitigating factors:
- Long unblemished career admitted 1962
- Strong testimonials and standing in the community
- Financial pressures from bankers reducing borrowing and recession
- Adopted accountants' advice on interim billing in which he was inexperienced
- Sufficient funds to reimburse Compensation Fund so no ultimate loss