Decision record
Anthony Fuller
Allegation / charges
Breaches, Others
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Anthony Fuller, a partner in charge of the Criminal Department at Owen White & Catlin, dishonestly claimed out-of-hours overtime payments on at least 29 client files where the work had been carried out by other fee earners during office hours or not by him at all. The Tribunal, applying the criminal standard and the Twinsectra test, found all four allegations proved including express dishonesty. Given no exceptional circumstances (per Sharma and Bolton), the Respondent was struck off the Roll and ordered to pay costs subject to detailed assessment with an interim payment of £15,000 within 28 days. The Respondent did not attend due to ill health but was represented; his appeal to the High Court was later withdrawn.
Duties found breached:
Aggravating factors:
- Position of trust as partner in charge of Criminal Department controlling billing
- Systematic course of conduct over 29 cases
- Claims enhanced his profit share at expense of fellow partners
- Conduct designed to be difficult to detect as other fee earners unaware of overtime claims
Mitigating factors:
- Repaid monies claimed / deduction of £94,041 accepted
- No loss of client monies
- No previous disciplinary matters
- Impressive character references
- Suffering from stress-related ill health