Decision record
John Damian Gaskell
JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number10398/2009
Date01/01/2009
OutcomeSuspend - Indefinite
Allegation / charges
Breaches, Failures, Others
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
SanctionSuspension
CostsGBP 2,942
Dishonesty foundYes
John Damian Gaskell, a local authority solicitor, repeatedly made false and misleading statements to colleagues claiming that proceedings on the 'B Farm File' had been issued and progressed when no proceedings had been instigated, and failed to cooperate with the SRA. He admitted the allegations, including dishonesty, which the Tribunal found proved. Taking into account his depression, family circumstances, good character and frankness, the Tribunal imposed an indefinite suspension and ordered costs of £2,941.86, not to be enforced without leave of the Tribunal.
Duties found breached:
Aggravating factors:
- Repeated false statements over an extended period concerning the progress of proceedings that had never been issued
Mitigating factors:
- Suffering from depression at the material time
- Family/medical difficulties (daughter's condition)
- No loss to clients and no personal gain
- Open, honest and frank throughout the Tribunal proceedings
- Good character reference
- No previous disciplinary findings
- Already dismissed from employment and without a practising certificate; not a risk to the public