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discipline 4 October 2026
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Decision record

Peter Maxwell Durham

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number7012/1995
Date01/01/1995
OutcomeStrike off

Allegation / charges

Failures, Solicitors' Accounts Rules, Others

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

SanctionStrike Off
CostsGBP 3,681
Dishonesty foundNo

Peter Maxwell Durham, admitted January 1993, established a sole practice within weeks of admission in breach of Rule 13 (which requires supervision of solicitors admitted less than three years). He handled substantial Legal Aid monies (£89,717 by August 1994) while failing to keep proper accounts, failing to deliver an accountant's report, failing to produce his books, providing a misleading explanation to the Bureau (claiming he only worked for friends/family from home), making unjustifiable Legal Aid claims (£2,150 repaid), and failing to reply to correspondence. The Tribunal found all seven allegations substantiated but expressly noted no fraud was alleged or found. It found a cavalier disregard for the rules and that he was not fit to be a solicitor. He was struck off and ordered to pay costs of £3,680.90, with the Order suspended pending appeal.

Duties found breached:

Aggravating factors:

  • Set up in sole practice within days/weeks of admission as a solicitor
  • Cavalier/reckless disregard for the rules of the profession
  • Misled his own professional body
  • No file records survived for a number of legally aided matters; unable to justify claims
  • Green form claims where maximum sum routinely claimed; overpayments repaid to Legal Aid Board of £2,150
  • Frustrated Law Society Monitoring Unit and Investigation Accountant inspections

Mitigating factors:

  • No fraud alleged or found; not a deliberate attempt to obtain more money than entitled
  • Eventually cooperated with the Investigation Accountant and produced financial records
  • Delivered an accountant's report (albeit late) and remedied book-keeping failures
  • Small number of financial transactions on client account
  • Repaid sums to the Legal Aid Board where claims could not be proved
  • Inexperience in practice management; work on complex Legal Aid cases
  • Personal difficulties - recently married, financially destitute, disorientated by moving clients between firms
  • Admitted most allegations and apologised

Duties engaged

Documents

Source: https://solicitorstribunal.org.uk/case/7012/