Deian Wyn Benjamin

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

Deian Wyn Benjamin, a senior associate at RDP Law Limited, repeatedly and falsely represented to opposing solicitors (Freeths LLP) and to the mediator that counsel (Ms Rebecca Page) had been instructed and would attend a mediation on 24 October 2018, and on the day falsely claimed counsel could not attend due to a family emergency, when counsel had never been instructed for that matter. He described this as a 'feigned' litigation tactic to bolster his client's position. The matter was resolved by an Agreed Outcome on the papers. The Tribunal found the admissions, including the admitted aggravating feature of dishonesty (admitted reluctantly), were properly made. No exceptional circumstances were argued under Sharma/James. He was struck off the Roll and ordered to pay agreed costs of £2,500.

Duties found breached:

• Integrity
• No conflict between current clients

Aggravating factors:

• Dishonesty admitted as an aggravating feature attached to each allegation
• Repeated misleading statements over a period (2-24 October 2018) to both opposing solicitors and the mediator
• Fabricated a false 'family emergency' explanation on the day of mediation

Mitigating factors:

• Otherwise unblemished disciplinary record
• Early admissions
• No personal or financial gain
• Claimed limited harm/prejudice as matter was pre-proceedings and without prejudice
• Pressure from client and a director of the firm who was a shadow director of the client
• Recent bereavements and ill health affecting mental state
• Genuine expressions of remorse