Decision record
John F Fielding and Stanley M J Kerruish
Allegation / charges
Client Money, Failures, Solicitors' Accounts Rules
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Two partners of Fielding & Co. faced allegations of accounting breaches after an OSS investigation revealed a minimum client account shortage of £297,118.26 caused by Kerruish's systematic over-billing of clients. Kerruish accepted full responsibility for the over-billing; the Tribunal found all allegations against him substantiated and struck him off, ordering costs of £6,565.61. Fielding, who admitted the allegations on a strict-liability basis (no actual knowledge, suffering serious ill health), was suspended for two years and ordered to pay £1,000 costs. No express finding of dishonesty was recorded, though the conduct was described as 'looting' of client funds.
Duties found breached:
- No improper use of client money
- Prompt accounting and return of money
- Accounting records, reconciliation and reports
- No improper solicitation or touting
Aggravating factors:
- Widespread 'looting' of clients' funds causing minimum cash shortage of £297,118.26
- Kerruish operated a deliberate system of over-billing clients
- Clients unaware their funds were being improperly utilised
- Kerruish's attempt to shift responsibility onto others via unsubstantiated allegations
Mitigating factors:
- Fielding: no actual knowledge of the misconduct; strict liability as partner only
- Fielding: prolonged and serious ill health at the relevant time
- Fielding: reported the matter to the OSS and requested intervention to protect clients
- Fielding: acted swiftly to set up new accounts and freeze partner's assets
- Fielding: unblemished disciplinary record over 40 years; no intention of returning to practice