Adrian Gerard Donkin

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

Sole practitioner and executor took client/estate funds as loans in three matters (Mrs W deceased, Mr B deceased, Miss B) to pay VAT and office expenses while under severe financial pressure. The Tribunal found dishonesty in the cases of Mrs W and Mr B deceased (taking estate money without authority or informing beneficiaries) applying the Twinsectra combined test, but not dishonesty regarding Miss B who consented to her loan. He admitted numerous Accounts Rules breaches, conflict of interest, acting for buyer/seller/lender, and supervision breaches. He was struck off and ordered to pay £13,500 costs.

Duties found breached:

• No taking unfair advantage
• No own-interest conflict
• No conflict between current clients
• Handle inadvertently received material
• No improper use of client money
• Prompt accounting and return of money

Aggravating factors:

• Took client/estate funds without informing beneficiaries
• Failed to inform co-executor and parents/guardians of minor beneficiaries
• One beneficiary reached 21 with no funds available to pay him
• Increased interest charged to himself to a more advantageous commercial rate
• Previous disciplinary finding in 1997 (reprimand)
• Repayment of one loan coincided with FIO inspection
• Failed to ensure clients took independent advice on loans

Mitigating factors:

• No intention permanently to deprive; loans repaid with interest
• No loss to any client or beneficiary
• Open and transparent recording of loans in books of account; volunteered information to FIO
• Severe financial and professional difficulties caused largely by former partner's misconduct
• Paid around £200,000 from own resources to meet debts incurred by others
• Exceptional character evidence (108 testimonials)
• De facto suspension of about 20 months following original decision
• No complaint from clients or beneficiaries