Brian Milner-Lunt

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

Brian Milner-Lunt, a recognised sole practitioner, was found to have grossly overcharged the W Estate (of which he was sole executor) by charging a flat 25% fee (17% plus VAT) with no valid agreement and raising 45 invoices totalling £132,666 when reasonable fees were no more than £15,630.44. He improperly transferred client money to a Business Bonus Account and then to the office account in settlement of unjustified invoices. He also failed to comply with a High Court Order, failed to cooperate with the SRA investigation and the Legal Ombudsman, and failed to reconcile the client account for around two years. The Tribunal found express dishonesty in relation to overcharging (1.1) and the transfers from the Business Bonus Account to the office account (1.3), but dismissed the dishonesty allegation regarding the initial transfer to the Business Bonus Account (1.2) as it accepted he genuinely believed it was a client account. All seven allegations were proved. He was struck off the Roll and ordered to pay costs of £30,950.50. His subsequent appeals to the High Court and Court of Appeal were dismissed/refused.

Duties found breached:

• Proper basis for allegations
• Comply with and respect court orders
• Honesty
• No taking unfair advantage
• Complaints procedure and handling
• Proper termination and return of instructions
• No conflict between current clients
• No improper use of client money
• Accounting records, reconciliation and reports
• Firm governance, systems and compliance

Aggravating factors:

• Proven dishonesty
• Motivated by personal financial gain
• Conduct was planned, deliberate, calculated and repeated over more than 3 years
• Breach of position of trust as sole Executor of the estate of a dying elderly client
• Significant harm caused to beneficiaries (no interim payments made in nearly 4 years)
• Harm to reputation of the profession
• Demonstrated very little insight into his conduct

Mitigating factors:

• Previously unblemished record over many years of practice
• Cooperated with the Applicant following referral to the Tribunal
• Personal circumstances including ill health, bankruptcy, and family/marriage difficulties