Paul Geoffrey Dean Smith

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

The Respondent, acting for B Properties Ltd, failed to register a mortgage charge within the statutory period and applied to the High Court to extend time. In support, he signed a witness statement in the name of his client's director (Mr W), purporting to be Mr W, and submitted it to the High Court, which granted the order. The conduct was discovered four years later and the Respondent self-reported. He admitted the allegation and dishonesty, which the Tribunal found proved under the Twinsectra test (both objective and subjective limbs satisfied). The parties proceeded on a Statement of Agreed Facts and Admissions. The Tribunal found no exceptional circumstances and ordered the Respondent struck off, with costs assessed at GBP 3,000 but reduced to GBP 1,500 due to the Applicant's inordinate delay in prosecuting.

Duties found breached:

• Overriding duty to the court
• Integrity
• Uphold public trust in the profession
• Act in the client's best interests
• No conflict between current clients

Aggravating factors:

• Dishonesty - the most serious aspect of misconduct
• Misleading the High Court
• Significant and grave departure from the standards expected of a solicitor

Mitigating factors:

• On the Roll for over 35 years with no prior disciplinary matters
• Voluntarily self-reported the matter
• Single episode of brief duration in a lengthy career
• Displayed insight and accepted seriousness and harm
• Full cooperation with the Applicant and Tribunal
• No identifiable financial loss caused (save High Court costs); no financial advantage gained