Decision record
Jonathan Bede McAreavey
Allegation / charges
Breaches, Solicitors' Accounts Rules
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Jonathan Bede McAreavey, a recognised sole practitioner, faced 11 allegations arising from an SRA forensic investigation. The Tribunal, proceeding in his absence, found nine allegations proved, including creating and backdating a client care letter and bill of costs to mislead the SRA's investigator (found dishonest under the Twinsectra test), misappropriating £15,750 of client money (later replaced), taking costs without written notification, failing to return client money, various accounting/reconciliation and accountants' report failures, and failing to comply with a Legal Ombudsman decision and court order. Two allegations (1.5 and 1.10) were not proved. Given the proven dishonesty and no exceptional circumstances, he was struck off the Roll and ordered to pay costs of £15,000 (reduced from the claimed £21,537.80).
Duties found breached:
- No taking unfair advantage
- Uphold public trust in the profession
- Non-discriminatory acceptance and cab-rank
- No improper use of client money
- Prompt accounting and return of money
- Accounting records, reconciliation and reports
- Cooperate openly with regulators
Aggravating factors:
- Dishonesty proved
- Misconduct deliberate, calculated and continued over time
- Concealed wrongdoing and fabricated documents to cover it up
- Breach of a position of trust
- Deliberately misled the regulator
- High culpability as experienced solicitor running own firm
- Significant harm to clients and reputation of profession
- No genuine insight; failed to engage with proceedings
Mitigating factors:
- Repaid the £15,750 shortage by 3 July 2015
- Significant health issues (personal mitigation)
Duties engaged
- Honesty
- No taking unfair advantage
- No bribery or improper gifts
- Personal probity and fitness to practise
- Uphold public trust in the profession
- No unlawful discrimination or harassment
- Act in the client's best interests
- Advise objectively, not a mere conduit
- Complaints procedure and handling
- Non-discriminatory acceptance and cab-rank
- No improper use of client money
- Prompt accounting and return of money
- Accounting records, reconciliation and reports
- Hold a current practising certificate
- Cooperate openly with regulators