Philip John Hayson Waller
Allegation / charges
Breaches, Client Money, Failures, Solicitors' Accounts Rules, Others
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Philip John Hayson Waller, admitted 1973, practised in partnership with his ex-wife until the firm closed in 2008. An SRA investigation found the firm's books of account were not properly written up. The Respondent, acting as executor/trustee of estates and trusts, fabricated an HMRC letter to beneficiaries to explain delays and later admitted lying. He improperly transferred and misused client funds (totalling £374,905.65, of which £180,000 was repaid) to pay off other clients and his own debts, and withdrew trust funds for his own benefit (including a £25,790.94 cheque purportedly for CGT). The Tribunal found all four allegations proved, including express dishonesty under the Twinsectra test. He was struck off and ordered to pay £26,000 costs (not enforceable without Tribunal consent due to his bankruptcy).
Duties found breached:
- No improper use of client money
- Accounting records, reconciliation and reports
- Good faith and courtesy to colleagues
Aggravating factors:
- Gross misconduct of the worst kind
- Abuse of position of trust to meet own needs and financial obligations
- Clients suffered a great deal
- Serious damage to the reputation of the profession
- Fabrication of an official HMRC letter