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Philip John Hayson Waller

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number10403/2009
Date01/01/2009
OutcomeStrike off

Allegation / charges

Breaches, Client Money, Failures, Solicitors' Accounts Rules, Others

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

SanctionStrike Off
CostsGBP 26,000
Dishonesty foundYes

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:

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

Duties engaged

Documents

Source: https://solicitorstribunal.org.uk/case/10403/