Simon Kennedy Duncan (1)

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

The Respondent, a solicitor, was found guilty of professional misconduct for unduly delaying to provide a personal injury client with his £12,000 settlement (cheque cashed 15 January 2019 but funds not forwarded until 21 March 2019), and for cashing a settlement cheque that had been sent to be held as strictly undelivered pending return of a signed Joint Minute and Motion. Both breached Rules B1.2 and B1.14.1. The Tribunal found him not guilty on a third averment (misstatement to defender's agents), lacking sufficient information to assess recklessness. No dishonesty was alleged or found. Given the exceptional circumstances and a prior 10-year restriction on his practising certificate for contemporaneous conduct, the Tribunal imposed a censure only, with no award of expenses and publicity directed.

Duties found breached:

• Not misrepresent regulated status

Aggravating factors:

• Previous finding of professional misconduct resulting in Practising Certificate being restricted for 10 years

Mitigating factors:

• No dishonesty alleged or found
• No financial loss to the Secondary Complainer
• Respondent labouring under significant personal difficulties confirmed by medical report
• Chaotic working conditions following closure of his firm
• Conduct occurred in same timeframe as previous Complaint; unlikely to have changed prior outcome
• Averments of fact and duty admitted via Joint Minute