Decision record
Havard Yoel Rose
JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number7023/1995
Date01/01/1995
OutcomeStrike off
Allegation / charges
Client Money, Failures, Solicitors' Accounts Rules
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
SanctionStrike Off
CostsGBP 4,783
Dishonesty foundYes
Havard Yoel Rose, a solicitor admitted in 1960 (previously struck off in 1974, convicted of theft and false accounting in 1976, and restored to the Roll in 1983), was found to have improperly transferred clients' money to office account causing a minimum shortage of £88,315.15, including making 19 transfers totalling £69,404.15 from an estate depriving three charitable residuary legatees. The Tribunal found this to be dishonest appropriation of clients' money, and breaches of Solicitors Accounts Rules 7, 8 and 11. He was struck off the Roll and ordered to pay costs of £4,782.70.
Duties found breached:
- No improper use of client money
- Accounting records, reconciliation and reports
- No improper solicitation or touting
Aggravating factors:
- Prior disciplinary history including a 1974 strike off for similar conduct
- 1976 criminal convictions for theft and false accounting with two years imprisonment
- Restored to the Roll in 1983 but reoffended
- Deprived three charitable residuary legatees of their entitlement through 19 transfers totalling £69,404.15
- Minimum cash shortage on client account of £88,315.15
Mitigating factors:
- Made partial then full rectification of the shortfall by selling property, cashing life policies and selling his car
- No client suffered loss and no client complaints
- Admitted the allegations
- Personal and financial hardship, aged sixty, supported by wife's part-time nursing