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Richard Emmett & Louise Emmett & Matthew Stokes & Mary Hunter & David Rae & Dale Stephenson

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number11659/2017
Date01/01/2017
OutcomeFine, S.43 Order (clerks), Strike off

Allegation / charges

Breaches, Failures

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

SanctionStrike Off
CostsGBP 252,500
Dishonesty foundYes

Six respondents connected to Emmetts/Ashton Fox Solicitors faced allegations arising from the firm's involvement with the Axiom litigation funding scheme. The firm engaged in excessive and reckless borrowing (debt rose to c.£61m), misused funds borrowed from the Axiom Fund for general expenses, overheads and purposes unconnected to client cases, including large payments to the respondents personally, and was improperly owned by an unregulated individual/company via a deed of trust device. The Tribunal found the four solicitor respondents (Richard Emmett, Lindsay Emmett, Matthew Stokes, Mary Hunter) had breached Principles 2,3,4,6 and Outcome 7.4, with express dishonesty findings on Allegation 4 (and Allegation 5 for R1/R2). All four were struck off. The Fifth Respondent (David Rae) was found dishonest on Allegations 7-11 and the Sixth Respondent (Dale Stephenson) dishonest on Allegation 7; both, being non-solicitors, received section 43 orders and fines of £200,000 and £50,001 respectively. Costs of £252,500.32 were ordered to be subject to detailed assessment, apportioned between respondents with interim payments fixed. The Fifth Respondent's appeal to the High Court was dismissed on 23 January 2020.

Duties found breached:

Aggravating factors:

  • Dishonesty (found against R1, R2, R4, R5 on multiple allegations; R3 and R6 partial)
  • Deliberate, calculated and repeated misconduct over a significant period
  • Breach of trust to clients and to Axiom Fund investors
  • Substantial personal financial gain
  • Concealment from the regulator (deed of trust device to disguise ownership)
  • Lack of insight (most respondents denied allegations)
  • Catastrophic damage to the reputation of the profession; investors lost between £15,000 and £250,000; risk of ~17,000 clients losing representation

Mitigating factors:

  • No previous disciplinary findings against any respondent
  • Some cooperation/engagement with the SRA (notably First/Second Respondents)
  • Fourth Respondent made early and full admissions including dishonesty
  • Third and Fourth Respondents inherited the borrowing structure and were subject to some deception by others
  • Initial genuine belief by some that the scheme would increase access to justice

⚠ figures not found verbatim in the source were dropped: ["unverified_fine_amount=250001"]

Duties engaged

Documents

Source: https://solicitorstribunal.org.uk/case/11659/