Decision record
Anelay Colton Wright Hart
JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number7052/1995
Date01/01/1995
OutcomeStrike off
Allegation / charges
Client Money, Solicitors' Accounts Rules, Others
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
SanctionStrike Off
CostsGBP 1,026
Dishonesty foundYes
The respondent, a senior partner admitted in 1961, was found to have improperly written up books of account, drawn money improperly from client account, used clients' funds for other clients, misappropriated clients' funds (minimum shortage £225,193.52) and misled a personal injury client by retaining £7,000 and misrepresenting the settlement figure. The Tribunal expressly found dishonesty despite noting his onset of Alzheimer's disease, and ordered him struck off the Roll plus costs of £1,025.82 and the Investigation Accountant's costs to be taxed.
Duties found breached:
- Not mislead the court
- No improper use of client money
- Accounting records, reconciliation and reports
Aggravating factors:
- Minimum shortage of clients' funds totalling £225,193.52
- Senior partner who misappropriated large sums for his own use and benefit
- Deliberate deception of a personal injury client, retaining £7,000 and misrepresenting the settlement figure
- Numerous false entries in books of account made at his instigation
Mitigating factors:
- Recently diagnosed Alzheimer's disease which might negate any element of criminal dishonesty
- No previous disciplinary action and high esteem in the profession over 30-year career
- Left the partnership as soon as matters discovered; partners made good the shortfall
- Limited financial resources and wife in poor health
- Accepted the allegations and no longer sought to practise