Benjamin Tubb

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

Benjamin Tubb, admitted in 1962, faced six allegations arising from his dealings with a long-standing client, Mr Aivazian. Master Moncaster's High Court Judgments of 13 February and 5 June 2006 found Tubb had acted dishonestly, finding that purported cash payments and loans (£17,000, £21,000, £40,000) were bogus, with over £172,000 capital plus interest owed. The Tribunal relied on these findings as prima facie evidence, which the Respondent failed to rebut. It refused his adjournment application and found all allegations proved to the higher standard, expressly finding his conduct dishonest under the Twinsectra test. Given the dishonesty, money still owed to a former client, and three previous appearances before the Tribunal, he was struck off and ordered to pay £20,000 costs (not enforceable without Tribunal consent).

Duties found breached:

• Proper basis for allegations
• No taking unfair advantage
• No conflict between current clients
• No improper use of client money
• No baseless or threatened misconduct report

Aggravating factors:

• Express finding of dishonesty
• Former client still owed a considerable amount of money
• Three previous appearances before the Tribunal (1971, 2001, 2002)
• Failure to keep full and proper written accounts of client dealings
• Found to be an evasive, confused, rambling and not credible witness

Mitigating factors:

• Admitted allegation 6
• Asserted long career serving the public without complaints