Decision record
Peter John Wheeler
JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number9377/2005
Date01/01/2005
OutcomeStrike off
Allegation / charges
Client Money, Delays, Solicitors' Accounts Rules, Others
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
SanctionStrike Off
CostsGBP 7,600
Dishonesty foundYes
Peter John Wheeler, a sole practitioner admitted in 1975, was found to have consciously misused Stamp Duty monies to support his office account, improperly retained client funds, made an overpayment causing a fifteen-month client account shortage, and failed to keep proper accounting records. He gave misleading statements to a lender client (Bank of Ireland) and to his reporting accountants. The Tribunal expressly found dishonesty applying the Twinsectra test. He was struck off the Roll and ordered to pay costs of £7,600.
Duties found breached:
- Not mislead third parties or opponents
- No conflict between current clients
- No improper use of client money
- Prompt accounting and return of money
- Accounting records, reconciliation and reports
- Diligence and timeliness
- Report serious misconduct of others
Aggravating factors:
- Continuous client account shortage reaching £109,585
- Use of Stamp Duty monies to support office bank balance
- Misleading statements to lender client and reporting accountants
- Wrote out cheques for stamp duty but did not send them, later destroying and rewriting them
Mitigating factors:
- Open and frank with Law Society Investigation Officer
- Admitted all allegations in full
- Made submissions at earliest opportunity
- Depression and stress following death of father
- No client suffered financial loss
- Unblemished professional record since 1975
- Closed practice and asked to be removed from Roll
Duties engaged
- Honesty
- Not mislead third parties or opponents
- Proper termination and return of instructions
- No conflict between current clients
- Segregate client money
- No improper use of client money
- Prompt accounting and return of money
- Accounting records, reconciliation and reports
- Diligence and timeliness
- Firm governance, systems and compliance
- Report serious misconduct of others