Alan Kilshaw

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

Alan Kilshaw, a sole practitioner admitted in 1979, retained over £17,625 of public money (expert's fees paid by the Legal Services Commission) in his office account rather than client account, withholding it from the third-party expert and enjoying the benefit of the money for six to fourteen months. He had not maintained a client account since 1999. A forensic investigation revealed a cash shortage of £17,625 and an office account overdraft of £35,095.72. He was adjudicated bankrupt in March 2002. Applications for a private hearing and for an adjournment on medical grounds were both refused, and he did not appear. The Tribunal found all allegations substantiated, noting a deliberate, systematic retention of public funds. Dishonesty was expressly not alleged. He was struck off the Roll and ordered to pay costs of £3,731.50.

Duties found breached:

• No improper use of client money
• Prompt accounting and return of money
• No improper solicitation or touting

Aggravating factors:

• Withheld money from a third party (the expert) paid by the Legal Services Commission for that third party
• Retained over £17,500 of public money to which he was not entitled
• Money collected and retained on a systematic basis over a substantial number of claims and period of time
• Deliberate decision to retain monies, not mere forgetfulness
• Adjudicated bankrupt and unable to repay the money