Decision record
John Rhys Davies
Allegation / charges
Breaches, Client Money, Failures, Solicitors' Accounts Rules, Others
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
John Rhys Davies, a sole practitioner, faced eight allegations including overcharging in the estates of Mrs N and Mr A, misuse of client monies, failure to disclose material facts to client Mrs P, Solicitors Accounts Rules breaches, a minimum cash shortage of £135,912.25, and failure to cooperate with the SRA. An independent costs draftsman found his charges of £80,000 (Mrs N) and £40,000 (Mr A) grossly unjustified. He used client funds from Mrs N's estate to fund an £80,000 payment to Mrs P. The Respondent did not attend; his third adjournment application was refused as contrived. The Tribunal found all allegations substantiated and made an express finding of dishonesty applying the Twinsectra test. He was struck off the Roll and ordered to pay costs of £29,000.
Duties found breached:
- No improper communication with the court
- No taking unfair advantage
- Disclose material information to client
- No conflict between current clients
- No improper use of client money
Aggravating factors:
- Premeditated conduct
- Charities were residuary beneficiaries harmed by overcharging
- Prior disciplinary finding in 2007/2008 with a £4,000 penalty and warning which he ignored
- Failure to engage with regulator and ignoring correspondence
- Deception of vulnerable client Mrs P over lengthy period
- Contrived adjournment application to force delay
Duties engaged
- No improper communication with the court
- Honesty
- No taking unfair advantage
- No unlawful discrimination or harassment
- Disclose material information to client
- Keep client informed and respond promptly
- Costs and fee transparency to client
- No conflict between current clients
- No improper use of client money
- Hold a current practising certificate