Decision record
Peter Hobson Brothwell
Allegation / charges
Breaches, Failures
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Peter Hobson Brothwell, a sole practitioner and Executor, Trustee and residuary beneficiary of the estate of GGF, was found to have overcharged the estate by around £4,069.50 and to have improperly raised six invoices totalling around £9,041 during a period of inactivity, as well as providing incomplete/inaccurate information to the DWP (omitting insurance monies for stolen jewellery and overstating fees), failing to correct the DWP about monies owed, improperly accepting a £3,500 settlement when far more was available, and failing to notify or pay the DWP the insurance sum. The Tribunal found all four allegations proved with dishonesty as an aggravating feature under the Ivey test, breaching Principles 2 and 6. Finding no exceptional circumstances, the Tribunal struck him off the Roll and ordered him to pay £25,000 in costs (reduced from £31,422.90 claimed).
Duties found breached:
- No improper communication with the court
- Act only on proper, lawful instructions
- Non-discriminatory acceptance and cab-rank
- No conflict between current clients
- Handle inadvertently received material
- No improper use of client money
- Self-report to the regulator
Aggravating factors:
- Four findings of dishonest conduct
- Conduct repeated and sustained over a lengthy period
- Motivation of personal financial gain
- Concealed true value of estate and personal financial benefit from the DWP
- Dishonestly depriving the public purse of funds properly due
- Position of heightened trust as Executor, Trustee and residuary beneficiary
- Extremely experienced solicitor (admitted 1974, ran practice 33 years)
Mitigating factors:
- No previous disciplinary or criminal history
- Full cooperation with the investigation
- Early factual admissions
- Belatedly took steps to repay £3,400 plus interest to the DWP
- Did not mislead the Applicant
- Conduct arose from a single estate administration over a 40-year career
- Retired solicitor unlikely to practise again
Duties engaged
- No improper communication with the court
- Honesty
- No bribery or improper gifts
- Personal probity and fitness to practise
- Uphold public trust in the profession
- No unlawful discrimination or harassment
- Act only on proper, lawful instructions
- Non-discriminatory acceptance and cab-rank
- No conflict between current clients
- Handle inadvertently received material
- No improper use of client money
- Self-report to the regulator