Clare Elizabeth Forster
Allegation / charges
Code of Conduct for Solicitors, REL's & RFL's 2019, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The Respondent, a clinical negligence solicitor at Hudgell Solicitors, admitted falsely recording time for tasks not undertaken across four client matters between 8 June and 27 November 2023, including fabricating an IT failure to explain a missing file note. An internal investigation identified approximately 99.9 hours of unsubstantiated time. The Tribunal found dishonesty under the Ivey test, with conduct that was deliberate, repeated and concealed over five months. Although the Respondent had significant mental health difficulties, difficult personal circumstances (including a prolonged abusive relationship) and workplace pressure, and showed insight and remorse with full admissions, the Tribunal found these did not amount to exceptional circumstances to displace the usual sanction. She was struck off the Roll and ordered to pay costs of £25,000.
Duties found breached:
- Good faith and courtesy to colleagues
- No conflict between current clients
- Non-discriminatory acceptance and cab-rank
Aggravating factors:
- Dishonesty that was deliberate, calculated and repeated across four occasions over approximately five months
- Element of concealment through a false IT-failure explanation for a missing file note
- Maintained a detailed record of false entries indicating methodical and planned conduct
- Knew or ought to have known the conduct was a serious breach of obligations
- Approximately four years' post-qualification experience, sufficient to understand the standards required
Mitigating factors:
- Significant deterioration in mental health supported by a psychiatric report
- Difficult personal circumstances arising from a prolonged abusive relationship
- Significant workplace pressure including an elevated billing target and a PIP
- No third party coercion or deception
- Maintenance of a record of false entries mitigated potential impact on clients; no client suffered actual loss
- Acted against her normal character; showed insight and remorse
- Full and early admissions; did not seek to mislead the regulator
- No personal or financial benefit beyond continued employment and ordinary salary
Codes & rules applied
Duties engaged
- Act only on proper, lawful instructions
- Advise on alternatives, settlement and outcome
- Avoid wasting the court's time
- Cease acting on client perjury or disobedience
- Client-care and engagement terms
- Client confidentiality
- Competence
- Complaints procedure and handling
- Comply with and respect court orders
- Comply with rules of foreign jurisdictions
- Continuity and handover of representation
- Cooperate openly with regulators
- Costs and fee transparency to client
- Diligence and timeliness
- Disclose adverse law to the court
- Disclose material information to client
- Disclose referrals, commissions and benefits
- Fair dealing with unrepresented parties
- Fair, reasonable and lawful fees
- Full disclosure on ex parte applications
- Good faith and courtesy to colleagues
- Handle inadvertently received material
- Hold a current practising certificate
- Honour professional undertakings
- Keep client informed and respond promptly
- Maintain competence and CPD
- Manage conflict arising mid-matter
- No abuse of process or coercive powers
- No acting against a former client
- No baseless or threatened misconduct report
- No conflict between current clients
- No direct dealing with represented party
- No improper benefit, loan or bequest
- No improper communication with the court
- No improper fee-sharing or partnership
- No improper questioning of witnesses
- No improper solicitation or touting
- Non-discriminatory acceptance and cab-rank
- No obstruction or victimisation of reporters
- No own-interest conflict
- No payments to witnesses on evidence
- No personal opinion or familiarity with court
- No prejudicial publicity for pending cases
- No standing bail or surety for client
- No taking unfair advantage
- No tampering with or coaching witnesses
- Not mislead the court
- Not mislead third parties or opponents
- Not misrepresent regulated status
- Pay instructed practitioners and agents
- Professional indemnity insurance
- Proper basis for allegations
- Proper termination and return of instructions
- Prosecutorial duty of disclosure
- Prosecutorial fairness and impartiality
- Protect capacity and vulnerable clients
- Protect legal professional privilege
- Report serious misconduct of others
- Safeguard documents and limit liens
- Self-report to the regulator
- Truthful, non-misleading advertising