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Ian Dudley Shaw and Anthony John Nicholas Britnell

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number9173/2005
Date01/01/2005
OutcomeStrike off

Allegation / charges

Breaches, Failures, Solicitors' Accounts Rules

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

SanctionStrike Off
Dishonesty foundNo

Two partners in Shaw & Britnell faced allegations of conduct unbefitting a solicitor relating to failure to deliver their 2003 Accountant's Report and multiple breaches of the Solicitors Accounts Rules, including a minimum cash shortage of £56,888.89 across two client matters, failure to remedy breaches on discovery, and failure to carry out reconciliations since 1998. Both admitted the facts/allegations and did not attend. The Tribunal found the allegations substantiated. Given the seriousness and the Respondents' prior 2004 Tribunal appearance (where Shaw was indefinitely suspended and Britnell suspended two years), both were struck off the Roll. No express finding of dishonesty was made. Costs were reduced on the investigation accountant element to reflect that some failings could have been raised earlier.

Duties found breached:

Aggravating factors:

  • Prior disciplinary appearance in March 2004 with substantiated allegations
  • Lengthy delay in remedying breaches (Mr and Mrs H matter)
  • Accountant's Reports qualified since 1998
  • Accountant's Report remained outstanding
  • Failure to maintain accurate books of account over several years

Mitigating factors:

  • First Respondent freely advised the Investigation Officer of the matters giving rise to the cash shortage
  • Both Respondents admitted the facts/allegations
  • Shortages were ultimately rectified

⚠ figures not found verbatim in the source were dropped: ["unverified_costs_amount=4636.96"]

Duties engaged

Documents

Source: https://solicitorstribunal.org.uk/case/9173/