Deian Wyn Benjamin

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

Mr Benjamin, a senior associate at RDP Law Ltd, repeatedly told opposing solicitors Freeths LLP and the mediator that counsel (Ms Page) was instructed and would attend a mediation on 24 October 2018, and on the day claimed counsel could not attend due to a family emergency, when counsel had never been instructed. He admitted (reluctantly) three allegations breaching Principles 2 and 6, together with the aggravating feature of dishonesty. The matter was dealt with on the papers by way of an Agreed Outcome. The Tribunal found the admissions properly made, found no exceptional circumstances under Sharma/James, and ordered that he be struck off the Roll and pay agreed costs of £2,500.

Duties found breached:

• Integrity
• No conflict between current clients

Aggravating factors:

• Dishonesty admitted as an aggravating feature attached to each allegation
• Repeated misleading statements over a period (2-24 October 2018) to both Freeths LLP and the mediator
• Deliberate conduct, including a false claim that counsel could not attend due to a 'family emergency'

Mitigating factors:

• Otherwise unblemished disciplinary record
• Early admissions
• No personal or financial gain
• Claimed no loss or prejudice to others
• Recent bereavement of two close family members and impact on mental health
• Submitted he was under pressure from his former employer/client (a director being shadow director of the client)