D M L Horsfall

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

The Respondent, a solicitor, was convicted at Southwark Crown Court in October 2011 of fraud by false representation (s.1(2) Fraud Act 2006) for creating a dishonest 'comfort letter' on behalf of a company subject to winding-up, and was sentenced to 17 months imprisonment. The SDT found the allegation under Rule 1.06 of the Code proved on the basis of the certificate of conviction and the Respondent's admissions of dishonesty. Notwithstanding submissions regarding the timing of sanction due to pending fee-recovery litigation, the Tribunal ordered immediate strike off following Bolton, and ordered costs of £1,750 not to be enforced without leave of the Tribunal given his financial position.

Duties found breached:

• Uphold public trust in the profession

Aggravating factors:

• Criminal conviction for an offence of dishonesty
• Conduct undertaken in the context of wider criminality by others
• Used position as an officer of the court knowingly to tell lies
• Committed for financial gain
• Previous disciplinary finding in 2009 (breaches of Solicitors Accounts Rules, fined £3,000)
• Judge found highest form of culpability and gravest breach of trust; complete lack of remorse

Mitigating factors:

• Not sentenced as a conspirator and not part of the conspiracy
• Made good the £25,000 loss to the victim MW
• Financial hardship and impact on family