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Richard Arnold Wilkes

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number11281/2014
Date01/01/2014
OutcomeStrike off

Allegation / charges

Breaches, Failures, Solicitors' Accounts Rules

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

SanctionStrike Off
CostsGBP 12,250
Dishonesty foundYes

Richard Arnold Wilkes, sole principal of Hansell Wilkes & Co, admitted three allegations including dishonesty. He repeatedly transferred client money to office account without delivering bills and in amounts far exceeding work done (at least 167 instances over 2011-2013), failed to rectify a minimum shortage of around £250,000-£280,000, and held £21,000 for a client with no underlying transaction (providing banking facilities). The conduct was done to address cash-flow problems and stay within the firm's overdraft limit. The Tribunal found dishonesty proved and, finding no exceptional circumstances under SRA v Sharma, struck him off. Costs were assessed at £12,250, not to be enforced without leave given his impecuniosity, age and bankruptcy.

Duties found breached:

Aggravating factors:

  • Dishonesty
  • Conduct was calculated, deliberate and repeated many times over a prolonged period
  • High culpability - sole responsibility
  • High harm - shortage of around £250,000 not replaced; profession lost reputation and money
  • Compensation Fund claims of £1,262,473.71 paid out

Mitigating factors:

  • Degree of cooperation with the SRA
  • Open and frank admissions
  • No attempt at concealment / candid with investigation officer
  • No intention permanently to deprive clients; intention to recapitalise and repay
  • Generally repaid amounts (back transfers to rectify position)
  • No previous disciplinary matters
  • Effect of recession on a small business; sought to protect employees and clients

Duties engaged

Documents

Source: https://solicitorstribunal.org.uk/case/11281/