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discipline 3 October 2026
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Decision record

James Swead; John Szepietowski

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number12472/2023
Date04/08/2026
OutcomeStrike off

Allegation / charges

Account Rules breaches, Breaches, Code of Conduct for Solicitors, REL's & RFL's 2019, Dishonesty, Lack of Integrity, Solicitors Accounts Rules 2011, SRA Principles 2011, SRA Principles 2019

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

SanctionStrike Off
Dishonesty foundYes

AAG Legal Services/Eldons Berkeley solicitors James Swead (First Respondent, director/COLP/COFA) and John Szepietowski (Second Respondent, director) were found to have caused or permitted £94,738.89 of Client A's client-account money to be used to settle the firm's liability to Mr Berman without authority (Allegations 1.1 and 2.1). Swead was additionally found to have improperly transferred a further £8,700 from client to office account (1.2), misled the court in winding-up proceedings about repayment of the Arbuthnot overdraft facility (1.3.1), and dishonestly failed to disclose material information (winding-up petition/financial difficulties) on a CBILS Funding Circle loan application (1.4). Allegation 1.3.2 (director's loan) was not proved. The Tribunal expressly found dishonesty against both Respondents (applying Ivey). Both were struck off. Swead ordered to pay £9,000 costs; Szepietowski £39,553.40 (of £94,581.50 claimed). Decision subject to appeal to the High Court.

Duties found breached:

Aggravating factors:

  • Dishonesty a feature of every allegation proved against First Respondent, spanning 2017–2020 and not momentary
  • High culpability; First Respondent exercised direct control as COLP/COFA
  • Deliberate unauthorised use of substantial client money to settle firm's own liability
  • Material harm to client and reputational harm to profession; abuse of position of trust
  • Misconduct repeated over time and extended to dishonest conduct towards court and a commercial lender (First Respondent)
  • Second Respondent denied conduct throughout, established only after contested findings; extremely experienced solicitor

Mitigating factors:

  • Neither Respondent derived direct personal financial benefit
  • First Respondent had unblemished regulatory record; Second Respondent effectively good character (one historic 2003 non-dishonesty finding)
  • Both complied with practising certificate restrictions without difficulty
  • Unusual, longstanding and complex relationship blurring firm/client interests affecting judgment (Allegations 1.1/1.2)
  • COVID-19 pandemic pressures and financial difficulties (Allegations 1.3/1.4)
  • Second Respondent's role limited, short-lived, not primary architect; cooperated with regulator; health episode during hearing
  • Positive testimonial evidence for First Respondent

⚠ figures not found verbatim in the source were dropped: ["unverified_costs_amount=48553.4"]

Codes & rules applied

Duties engaged

Documents

Source: https://solicitorstribunal.org.uk/case/12472/