Decision record
Howard Fryer
JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number10677/2010
Date01/01/2010
OutcomeStrike off
Allegation / charges
Solicitors' Accounts Rules
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
SanctionStrike Off
CostsGBP 2,406
Dishonesty foundYes
Sole principal Howard Fryer admitted five breaches of the Solicitors Accounts Rules 1998, including a minimum client account shortage of £669,417.22, with £238,707.22 improperly used for other clients and £430,710 improperly transferred to office account. The Tribunal, applying the Twinsectra test, found dishonesty proven as he knowingly took client money to run his practice. Despite medical evidence of depression, the Tribunal noted no psychiatric treatment during the period of defaults. He was struck off the Roll and ordered to pay costs of £2,406.
Duties found breached:
- Avoid wasting the court's time
- No improper use of client money
- Accounting records, reconciliation and reports
- Diligence and timeliness
Aggravating factors:
- Substantial sums involved with over £669,000 still outstanding
- Client funds used for running the practice
- Over-billing and transferring funds without delivering bills
- Using one client's funds to cover shortfalls on others
Mitigating factors:
- Suffering from severe depression and undergoing psychiatric care
- Remorse, regret and apology expressed
- No previous disciplinary matters
- Intention to repay funds from anticipated sums