Brian Lewis Barso & Kevin Underwood & Matthew Phillips

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

The Solicitors Disciplinary Tribunal found that Brian Lewis Barso, a solicitor and principal at McKeowns Solicitors, had failed to account to clients for commissions, failed to make referrals in good faith, and used his position to take unfair advantage of clients, and that he acted dishonestly in doing so. He received around £2.4 million (channelled through his then wife's 'consultancy' and companies controlled by his associate Mr Harrold) derived largely from commissions on ATE insurance placed with BCR and from payments linked to medical expert Dr A's fees, without disclosing these to clients or his business partner. The Tribunal found the payments were commissions, that referrals were made for personal gain, and that Barso concealed the arrangement using false documents. He was struck off the Roll and ordered to pay £100,000 costs. Two unadmitted clerks (Second and Third Respondents), who admitted making secret profits by retaining commissions, were made subject to Section 43 orders and each ordered to pay £10,320 costs (total assessed costs £120,640).

Duties found breached:

• Honesty
• No taking unfair advantage
• No conflict between current clients

Aggravating factors:

• Dishonesty proved to the highest standard
• Received approximately £2.4 million (via his then wife's consultancy) largely linked to commissions from clients of the Firm
• Created false documents (emails purporting to be from his wife NB) to disguise a consultancy arrangement
• Deliberately routed payments through a circuitous mechanism to conceal receipt
• Concealed the arrangement from his business partner Mr McKeown
• Made referrals to Dr A despite questions over his integrity and for personal financial gain
• Allowed personal financial interests to take precedence over professional obligations

Mitigating factors:

• Serious ongoing illness of his young daughter causing significant personal distress
• Strain of an ultimately unsuccessful police prosecution (2009-2011)
• Positive character references/testimonials, including from his ex-wife
• Evidence of a wider culture of commission-taking in the personal injury 'industry' which helped explain (though not excuse) his conduct
• Had not practised as a solicitor since March 2009