Kevin Richard Nutt

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

Kevin Richard Nutt, a salaried partner, admitted allegations of conduct unbefitting a solicitor after misleading three personal injury clients and the Court, including a false Statement of Truth alleging client non-cooperation and a claimed but untraceable letter notifying clients of a hearing (which the Tribunal did not believe he wrote). The clients failed to attend and were awarded £1 each. Given a broadly similar 1992 Tribunal finding and prior disciplinary history showing a continuing pattern, the Tribunal found he failed to act with integrity, probity and trustworthiness. He was struck off the Roll and ordered to pay costs of £3,500. The Tribunal referred to lack of integrity rather than making an express finding of dishonesty.

Duties found breached:

• Not mislead the court
• No improper communication with the court
• Honesty
• No taking unfair advantage
• Proper termination and return of instructions
• No conflict between current clients
• Good faith and courtesy to colleagues

Aggravating factors:

• Prior 1992 Tribunal finding for broadly similar conduct (misleading clients and third parties)
• Previous rebuke (1990) and reprimand (2002) from The Law Society
• Continuing pattern of behaviour
• Respondent did not appear to recognise the seriousness of his actions
• No longer young or inexperienced as at earlier lenient decision

Mitigating factors:

• Excessive and inherited workload with neglected files
• Pressure from CPR transitional deadlines
• Disruptive under-qualified assistant and a vexatious Employment Tribunal claim against him
• Serious back condition (herniated vertebrae) causing immobility
• Strong painkillers affecting judgement
• Clients ultimately suffered no actual loss (claim resolved by insurers)
• Apologised to the District Judge
• Support of his partners