Decision record
Alan Kilshaw
Allegation / charges
Client Money, Failures, Solicitors' Accounts Rules
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Alan Kilshaw, a sole practitioner solicitor admitted in 1979, retained over £17,625 of expert's fees paid by the Legal Services Commission in his office account rather than paying it to the expert or holding it in client account. He had ceased maintaining a client account since 1999. A Forensic Investigation revealed a cash shortage and an office account overdraft. The Tribunal refused applications for a private hearing and an adjournment on medical grounds, finding the medical evidence insufficient. Although dishonesty was not alleged, the Tribunal found all allegations substantiated, noting a deliberate and systematic improper retention of public money and serious breaches of duties of integrity and stewardship. He was struck off the Roll and ordered to pay costs of £3,731.50.
Duties found breached:
- No improper use of client money
- Prompt accounting and return of money
- No improper solicitation or touting
Aggravating factors:
- Withheld over £17,500 of public money paid by the Legal Services Commission for a third party
- Retained and benefited from money that did not belong to him for six to fourteen months
- Collected and retained money on a systematic basis over a substantial number of claims and period of time
- Failed to place monies in a separate deposit account despite assurance
- Adjudicated bankrupt and unable to repay the money