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discipline 3 October 2026
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Decision record

David Malcolm Heywood

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number9175/2005
Date01/01/2005
OutcomeS.43 Order (clerks)

Allegation / charges

Others

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

SanctionOther
CostsGBP 800
Dishonesty foundNo

David Malcolm Heywood, a partnership secretary (non-solicitor clerk) employed by Holland & Knight Solicitors from 1969 to 2001, caused unauthorised transfers from office account (£38,650.24), overdrawn office account balances causing client account shortfall (£7,752.52), and payments to himself without authority. The total shortfall of £46,402.73 was repaid and no client suffered loss. The Tribunal found the allegations substantiated (uncontested) and made a Section 43 order controlling his future employment in the legal profession, ordering him to pay £800 costs. No express finding of dishonesty was recorded.

Duties found breached:

Aggravating factors:

  • Long period of employment (1969-2001) during which a relationship of trust had developed
  • Failure to respond to Law Society correspondence

Mitigating factors:

  • Readily admitted the matters when questioned and offered financial redress
  • All funds repaid to client account (£46,402.73) in two instalments
  • No client suffered loss
  • Did not contest the allegations

Duties engaged

Documents

Source: https://solicitorstribunal.org.uk/case/9175/