Phillip Bradshaw

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

Phillip Bradshaw, a solicitor's clerk employed by Irving Harris & Co., negotiated and accepted a £10,000 personal loan from a client of the firm (Mr Chappell), who believed Bradshaw was a solicitor and lent the money on the basis of trust. The loan was not repaid; post-dated cheques were dishonoured and a stop placed on one. County Court judgment for £10,800 plus interest and £338.50 costs was entered against him on 17 October 1994, and bankruptcy proceedings followed. The respondent did not attend the hearing but sent a late fax denying the allegations, claiming the loan was to a third party. The Tribunal accepted the sworn evidence of Mr Chappell, Mr Fawcett and Mr Purvis beyond reasonable doubt, found the allegation substantiated, and made the Section 43 order. The Tribunal found the loan negotiation and acceptance "absolutely wrong" but made no express finding of dishonesty.

Duties found breached:

• No unlawful discrimination or harassment
• No own-interest conflict
• No conflict between current clients
• Honour professional undertakings

Aggravating factors:

• Respondent did not appear and was not represented despite being given an extra adjourned opportunity
• Late submission of his fax letter shortly before the hearing, which the Tribunal viewed as a possible attempt to jeopardise another hearing
• Client believed respondent was a qualified solicitor and lent money on the basis of trust
• Respondent's actions substantially increased the costs
• Repeated excuses and unhonoured post-dated cheques, with a stop placed on a cheque