Andrew John Cresswell

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

Andrew John Cresswell, a sole practitioner, faced six allegations of accounts breaches. The Tribunal found allegations 1.1-1.5 proved, including an express finding of dishonesty on allegation 1.2 (improper withdrawals from client account), which the Respondent admitted. Dishonesty alleged on allegation 1.6 (failure to account/pay estate agents' fees in a £5m hotel sale) was NOT proved because the subjective limb of the Twinsectra test was not satisfied. There was a significant shortage on client account and client losses, with a Compensation Fund grant made. The Respondent was struck off the Roll. The question of costs was adjourned and ultimately ordered to be subject to detailed assessment due to uncertainty over the Respondent's means and bankruptcy status.

Duties found breached:

• Accounting records, reconciliation and reports
• No improper use of client money
• Pay instructed practitioners and agents
• Report serious misconduct of others

Aggravating factors:

• Deliberate misappropriation of client monies causing losses to clients
• Minimum cash shortage of £112,995.95 and overall shortage of £302,830.42 on client account
• Failure to file accountant's reports found to be at least partly to avoid detection of accounting issues
• Previous appearance before the Tribunal in October 2011 resulting in a fine of £5,000 and £6,000 costs

Mitigating factors:

• Respondent admitted allegations 1.1 to 1.4, including dishonesty on allegation 1.2
• Respondent was at a very low point in his life, experiencing financial difficulties, divorce, sale of matrimonial home and bankruptcy
• Apologised to the Tribunal