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
Clare Elizabeth Forster, a clinical negligence solicitor at Hudgell Solicitors, admitted falsely recording time on four client matters between June and November 2023 while under performance pressure and a PIP. Approximately 99.9 hours of unsubstantiated time were identified, and she fabricated an IT failure to explain a missing file note. The Tribunal found express dishonesty (Ivey test) and breaches of Principles 2, 4, 5 and Paragraph 1.4. Although it accepted substantial mitigation including mental health difficulties and personal circumstances, these did not amount to exceptional circumstances under Sharma/James. She was struck off the Roll and ordered to pay costs of £25,000 (reduced from £36,817.50 claimed).
Duties found breached:
Aggravating factors:
- Dishonesty that was deliberate, calculated and repeated
- Misconduct sustained over approximately five months across four/multiple client matters
- Concealment via fabricated IT failure explanation for missing file note
- Maintained a record of false entries indicating methodical and planned conduct
- Four years' PQE, sufficiently experienced to understand obligations
Mitigating factors:
- Deterioration in mental health substantiated by psychiatric report
- Difficult personal circumstances arising from a prolonged abusive relationship
- Significant workplace pressure including elevated PIP targets
- Early admissions and full cooperation with the SRA
- Insight and remorse, acted against normal character
- No third-party coercion; record-keeping limited impact on clients; no client suffered actual loss
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