Kevin Richard Nutt

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

The Respondent, a salaried partner admitted in 1987, mishandled a personal injury claim for three clients, leading to a nominal £1 award after non-attendance at the final hearing. He misled the Court via a Statement of Truth (falsely alleging client non-cooperation and a conflict) and by telling the judge clients had been notified of the hearing by a letter of 3rd May which the Tribunal did not believe he wrote. He also misled clients about progress, settlement offers, and transfer of the file. Having appeared before the Tribunal in 1992 for broadly similar conduct (then dealt with leniently due to his youth), the Tribunal found a continuing pattern, concluding he failed to act with the integrity, probity and trustworthiness required. He was struck off and ordered to pay £3,500 costs. The Tribunal expressly framed the failing as lack of integrity, not dishonesty.

Duties found breached:

• Act in the client's best interests
• No improper communication with the court
• No taking unfair advantage
• Not mislead the court
• Not mislead third parties or opponents
• Proper termination and return of instructions

Mitigating factors:

• Excessive and inherited workload, including neglected files from a retiring sole practitioner and CPR transitional deadlines
• A disastrous employee engagement adding burden and a vexatious Employment Tribunal claim against him
• Serious back condition (herniated vertebrae) causing immobility and inability to attend court/meetings
• Strong painkillers (Co-dydramol and Co-proxamol) which he believed affected his performance and judgement
• Had made his employers aware of his mental and physical condition
• Clients ultimately suffered no actual loss; claim resolved successfully by successor firm and paid by insurers
• Apologised to the District Judge and intended to apologise to clients
• Support of his partners and active role in the firm's development