Decision record
Benjamin Tubb
Allegation / charges
Breaches, Failures, Others
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The Respondent, admitted in 1962, was found to have failed to account to his client Mr Aivazian for monies due, acted fraudulently/deceitfully, and taken unfair advantage of his client, relying on High Court judgments of Master Moncaster (2006) that found him dishonest regarding bogus loans and unjustified payments. The Tribunal expressly found his conduct dishonest under the Twinsectra test and found all six allegations proved, including failure to respond to the SRA. Given the dishonesty, outstanding sums owed to the client, and three previous Tribunal appearances, he was struck off the Roll and ordered to pay £20,000 costs, not to be enforced without leave of the Tribunal.
Duties found breached:
- No improper communication with the court
- Honesty
- No taking unfair advantage
- No conflict between current clients
- No improper use of client money
Aggravating factors:
- Finding of dishonesty
- Former client still owed a considerable amount of money (over £172,000)
- Three previous appearances before the Tribunal (1971, 2001, 2002)
- Failure to keep full and proper written accounts
- Evasive and not credible when giving evidence
Mitigating factors:
- Long career in practice (admitted 1962)
- Respondent asserted honesty and no complaints over many years of service