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discipline 3 October 2026
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Decision record

Aymer Jan Patrick Hutton

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number12510/2023
Date23/12/2024
OutcomeStrike off

Allegation / charges

Breaches, Code of Conduct for Solicitors, REL's & RFL's 2019, Dishonesty, Lack of Integrity, SRA Principles 2019

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

SanctionStrike Off
CostsGBP 5,000
Dishonesty foundYes

Aymer Hutton, a partner at Cunningtons LLP, attempted to procure the backdating of a Transfer Form (via a telephone call and an email to the sellers' solicitors) so his client could still benefit from the Stamp Duty Land Tax holiday after completion took place on 1 July 2021 rather than the intended 30 June 2021. He admitted breaches of Principles 2 and 5 but denied dishonesty. The Tribunal rejected his 'delayed/deemed completion' explanation as lacking credibility and an afterthought, finding his primary motive was to avoid SDLT liability (approx £6,000) that would fall to him or his firm. Applying Ivey, the Tribunal found him dishonest and in breach of Principles 2, 4 and 5 and the Code. Despite significant personal mitigation and an isolated, unplanned lapse, the Tribunal found no exceptional circumstances and struck him off, ordering costs of £5,000.

Duties found breached:

Aggravating factors:

  • Experienced solicitor of some 30-33 years
  • Motivated by avoiding liability for SDLT (approx £6,000) to client or firm
  • Conduct would have deceived HM Revenue and Customs and misrepresented position to HMLR and clients
  • Required involvement of another party to carry out the deception

Mitigating factors:

  • Isolated, discrete and momentary lapse lasting about 30 minutes
  • Not pre-planned
  • Committed during exceptionally busy working day at end of SDLT holiday
  • 33 years of unblemished professional conduct
  • Numerous positive character references
  • Prompt admissions and cooperation with the regulator
  • Genuine and sincere remorse
  • No client suffered loss and correct SDLT was ultimately paid
  • No previous disciplinary matters

Codes & rules applied

Duties engaged

Documents

Source: https://solicitorstribunal.org.uk/case/12510/