David Hugh Bartley

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

The Respondent, an assistant solicitor handling a clinical negligence case, provided inaccurate and misleading information to the opposing solicitor (Mrs AC of Hempsons) about the progress of his client's case over a series of twelve telephone conversations between April 2005 and May 2007. He falsely claimed to have instructed experts, obtained reports, instructed counsel and held conferences when none of this had occurred, and undermined his own client's case. He admitted the statements were deliberate lies but the Tribunal applied the Twinsectra combined test and was not satisfied beyond reasonable doubt that he subjectively realised his conduct was dishonest by reasonable standards; it found him reckless rather than dishonest. Given the seriousness of the conduct over two years, the Tribunal struck him off the Roll and ordered costs of £7,000.

Duties found breached:

• Integrity
• Good faith and courtesy to colleagues

Aggravating factors:

• Misleading and untrue statements continued over a period of more than two years
• Twelve separate telephone conversations involving untruths
• The Respondent undermined his own client's case
• Admitted the statements were deliberate lies

Mitigating factors:

• No previous disciplinary sanctions
• Candid and not calculating in evidence; appeared unable to handle stress well
• Subject to work and domestic stresses including the death of his father in May 2006 and family matters concerning his stepson
• Required to undertake unfamiliar litigation work creating pressure
• Apologised and expressed deep regret
• No longer intended to return to practice; practising certificate had lapsed since 2008