Oliver Moelwyn Davies

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

Oliver Moelwyn Davies, a solicitor admitted in 1979 and managing partner, faced numerous allegations including improper misappropriation of client money, Accounts Rules breaches, VAT failures, conveyancing delays, overcharging, breach of undertaking and misleading building societies. This was his third appearance before the Tribunal (following a 1999 fine and 2001 indefinite suspension). The Tribunal found all allegations substantiated. While allegation (1) alleged dishonesty in the alternative, the Tribunal's findings expressly stated only that the Respondent had not acted with the probity, integrity and trustworthiness required, without an express finding of dishonesty. The Respondent was struck off the Roll and ordered to pay costs of £16,979.83.

Duties found breached:

• Proper basis for allegations
• No improper communication with the court
• Keep client informed and respond promptly
• No conflict between current clients
• No improper use of client money
• Prompt accounting and return of money
• Diligence and timeliness
• Supervise staff and delegated work
• Honour professional undertakings
• No improper solicitation or touting

Aggravating factors:

• Third appearance before the Disciplinary Tribunal
• Previous 1999 finding of serious breaches of the Solicitors Accounts Rules (fined £10,500)
• Previous March 2001 finding leading to indefinite suspension
• Failure to remedy earlier failings despite prior warnings
• Mishandling of clients' money in breach of fundamental requirement that client money be sacrosanct
• Overcharging - bill exceeding £2,500 where work value was only £49.50
• Withholding VAT from Customs & Excise providing firm cash flow at their expense

Mitigating factors:

• Very high personal workload and pressure with little support
• Health problems including hospital admission and divorce
• Client account fully accounted for at intervention (over £2,000,000 held)
• Files criticised amounted to less than 0.5% of workload
• Compensation of £1,000 paid to complaining client
• Arrangement made with HM Customs & Excise; entered voluntary arrangements
• Claimed no intention to defraud or act dishonestly