David Benaim

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

The Respondent, a solicitor at Clintons acting for a property company, missed a six-month deadline to submit lease extension applications to the First Tier Tribunal. To conceal his error he fabricated a backdated letter (dated 1 August 2014 but created 27 August 2014), fabricated an attendance note of a fictitious telephone call to the Court, and made false representations to the landlord's solicitors and the FTT. He admitted all allegations and dishonesty under the Twinsectra test. The Tribunal found dishonesty proven, and despite significant mitigation held that exceptional circumstances did not apply, striking him off the Roll and ordering agreed costs of £3,944.50.

Duties found breached:

• Not mislead the court
• No abuse of process or coercive powers
• No taking unfair advantage
• Uphold public trust in the profession

Aggravating factors:

• Dishonesty which was deliberate, calculated and repeated
• Knew or ought to have known conduct breached obligation to protect public and reputation of the profession
• Experienced solicitor

Mitigating factors:

• Genuine insight into misconduct
• Full co-operation and early full and frank admissions
• Voluntarily notified the Applicant
• Misconduct of relatively short duration
• Previously successful and unblemished 25-year career
• Not motivated by personal gain
• Difficult personal and work circumstances including family pressures and health issues
• Positive character references