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Michael Weston - Graham North

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number7110/1996
Date01/01/1996
OutcomeStrike off

Allegation / charges

Client Money, Failures, Solicitors' Accounts Rules

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

SanctionStrike Off
Suspension12 months
CostsGBP 10,157
Dishonesty foundYes

Three partners of Burton Yates Westburys faced allegations of breaches of the Solicitors Accounts Rules and misuse of trust/clients' monies, principally arising from a fictitious £100,000 bill raised on a will trust and improper transfers to office account to meet partnership liabilities. Mr North admitted all allegations including a criminal conviction (furnishing false information, 12 months' imprisonment); the Tribunal found his conduct dishonest and struck him off, ordering 70% of costs. Mr Weston, an equity partner, was found guilty of a grave abstention of duty (no dishonesty alleged or found) and was struck off, ordered to pay 15% of costs. Respondent 3, a salaried partner with no personal gain and no finding of dishonesty, was suspended for 12 months and ordered to pay 15% of costs, with conditions recommended. Total costs fixed at £10,156.50.

Duties found breached:

Aggravating factors:

  • Mr North raised a fictitious £100,000 bill on a will trust to transfer client/trust money to office account to meet partnership liabilities
  • Dishonest misuse of trust money held by a solicitor-trustee
  • Criminal conviction and custodial sentence (Mr North)
  • Significant losses: Compensation Fund paid £112,442.67 with further claims of £85,870 pending
  • Respondent 3 was not frank with the Investigation Accountant and signed a statement to the Law Society she knew was untrue
  • Mr Weston, as equity partner, paid scant regard to his responsibility for proper accounts despite knowing of the firm's parlous finances

Mitigating factors:

  • Mr Weston: previously unblemished career, no positive act of dishonesty alleged, effectively already suspended six months
  • Respondent 3: junior salaried partner, no personal gain, no actual loss to clients (transfers rectified), health difficulties and work pressure, lack of supervision, already suspended since January 1996, references in support
  • Mr North accepted full responsibility, assisted the firms taking over the practice, and admitted all allegations

Duties engaged

Documents

Source: https://solicitorstribunal.org.uk/case/7110/