Daniel James Skinner

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

Daniel James Skinner, a partner at Capsticks LLP, failed to serve Points of Dispute in time while acting for Client A in housing proceedings, resulting in a Default Costs Certificate being issued. He failed to notify Client A or take remedial action, and over April-November 2021 provided false and misleading information to Client A (e.g. claiming costs had been assessed by the court when they arose from his own missed deadline), failing to disclose his negligence and the accruing interest. The Tribunal found Allegations 1.1.2, 1.2(a) and 1.2(b) proved including dishonesty (Allegation 1.1.1 not proved). Applying Ivey, the Tribunal found him dishonest. Finding high culpability and harm and no exceptional circumstances, the Tribunal struck him off the Roll and ordered costs of £30,835.74.

Duties found breached:

• Act in the client's best interests
• Honesty
• Integrity
• Not mislead third parties or opponents
• Uphold public trust in the profession

Aggravating factors:

• Finding of dishonesty
• Conduct between 30 April 2021 and 26 November 2021 was deliberate, calculated and repeated
• Numerous opportunities to be open and frank with Client A but failed to take them
• 'Head in the sand' approach and attempts to cover his tracks

Mitigating factors:

• Unblemished career over 28 years with no prior disciplinary findings
• Misconduct occurred against backdrop of unsustainable workload (over 200 cases vs sustainable 50)
• Cooperated with SRA investigation and Tribunal
• Demonstrated insight and remorse
• Positive character references; well regarded by colleagues and clients
• Intended to reimburse Client A for accrued interest (Firm had repaid sum)