D M L Horsfall

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

The Respondent, a solicitor, was convicted at Southwark Crown Court of fraud by false representation under the Fraud Act 2006 for writing a dishonest 'comfort letter' on behalf of G Ltd used in an advance fee fraud, receiving a 17-month custodial sentence. The SRA charged him under Rule 1.06 of the Solicitors Code of Conduct 2007. He admitted the conviction, which involved dishonesty. The Tribunal found the allegation proved and, applying Bolton, struck him off the Roll with immediate effect, declining his request to delay sanction to protect ongoing fee-recovery litigation. Costs of £1,750 were ordered but not to be enforced without leave given his financial position.

Duties found breached:

• Proper basis for allegations

Aggravating factors:

• Criminal conviction for an offence of dishonesty
• Previous appearance before the Tribunal in 2009 for breaches of the Solicitors Accounts Rules (fined £3,000)
• Conduct involved use of his position as a solicitor/officer of the court to lend authority to lies
• Custodial sentence of 17 months imposed; sentencing judge found highest form of culpability and grossest breach of trust
• Lack of remorse noted by sentencing judge

Mitigating factors:

• Not found to be part of the conspiracy and not sentenced as a conspirator
• Single fraudulent transaction not targeting a vulnerable victim
• Made good loss to victim by paying £25,000 compensation
• Cooperated through guilty plea and accepted the conviction