Decision record
P T Pressler and P D Higab
Allegation / charges
Client Money, Solicitors' Accounts Rules
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The First Respondent, a partner at Hindle Son & Cooper, was found to have dishonestly misappropriated clients' funds, diverting sums (including £29,881.99, £50,000, £6,000 and £2,373.43) from client account into his own personal bank accounts, and using one estate's funds to satisfy another's bequest, creating a client account shortage of £29,880.67. The Tribunal applied the combined Twinsectra v Yardley test and found dishonesty proved to the criminal standard. He was struck off and ordered to pay costs of £7,005.93. The Second Respondent, his partner, admitted Accounts Rules breaches arising on a strict-liability basis but was found blameless with no dishonesty; the Tribunal made no order against her and no order for costs, and expressed support for her judicial appointments.
Duties found breached:
- No improper use of client money
- Accounting records, reconciliation and reports
- No improper solicitation or touting
Aggravating factors:
- Solicitor of many years' experience (admitted 1975)
- Pursued a course of dishonest conduct in relation to clients' funds
- Paid clients' money into his own personal accounts and used one estate's funds to meet another estate's bequest
- Concealment of activities making them difficult to detect
- Previous appearance before the Tribunal in May 2000 (failure to disclose material information to lenders)
Mitigating factors:
- First Respondent claimed ill health and wished to resign from the Roll