Jonathan Martin Gilbert

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

Jonathan Martin Gilbert, a partner at Willmett Solicitors, acted for purchasers and mortgagee clients in six conveyancing transactions involving loans totalling £9,237,676. He breached an undertaking concerning a DS3 (W. Road sale) and made false statements to the lender and Bank of Scotland. He failed to disclose material information to lender clients, failed to act in their best interests, and improperly paid away mortgage funds (including £2,850,000 from RBS) for purposes other than the intended property purchases, with large sums paid to Mr ME and associated companies. He used false addresses, misspelt names, and mislabelled transactions as remortgages to avoid suspicion. The Tribunal found all four allegations proved and was satisfied beyond reasonable doubt that the Respondent acted dishonestly under the combined Twinsectra test, despite no evidence of personal benefit. Losses were likely around £50 million. The Tribunal struck him off the Roll, describing this as one of the worst cases before it, and ordered costs of £43,347.48 not to be enforced without leave given his bankruptcy.

Duties found breached:

• Disclose material information to client
• No conflict between current clients
• No improper use of client money
• Honour professional undertakings

Aggravating factors:

• Conduct described as one of the worst cases before the Tribunal
• Likely losses of around £50 million
• Harm to clients, members of the public, fellow partners and work colleagues; firm forced to close and subject to intervention
• Use of false addresses, misspelt names and mislabelling transactions to avoid detection
• Misleading written Response to the Tribunal
• Removal/non-return of firm laptop and missing files

Mitigating factors:

• No previous disciplinary sanctions
• No evidence the Respondent personally benefitted from the funds
• Bankrupt with 15-year restriction; responsible for two young children
• Acceptance of seriousness and that he would be struck off