Simon Edmund John Kaberry

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

Simon Edmund John Kaberry, a sole practitioner admitted in 1974, faced nine allegations of conduct unbefitting a solicitor including client account breaches, failing to deliver accountants' reports, practising without/in breach of a Practising Certificate, failing to redeem mortgages and deceiving clients. An investigation revealed a minimum cash shortage of £211,853.04 and huge missing client sums, most reportedly gambled. He deceived clients by making monthly payments on mortgages he had told them were redeemed. The Tribunal proceeded despite an adjournment request (given a pending police investigation) and expressly found his behaviour dishonest. Having a prior 1991 disciplinary record (£2,500 fine), he was struck off the Roll and ordered to pay costs of £11,221.13.

Duties found breached:

• No improper use of client money
• Prompt accounting and return of money
• Accounting records, reconciliation and reports
• Hold a current practising certificate
• Report serious misconduct of others
• No improper solicitation or touting

Aggravating factors:

• Substantial minimum cash shortage of £211,853.04 on client account
• Deceived clients about their financial position and mortgage redemptions, disguising conduct by making monthly mortgage payments
• Previous disciplinary finding in 1991 (fined £2,500) for similar accounts breaches; conduct went from bad to worse
• Huge sums of client money went missing; Compensation Fund faced claims of nearly £2 million
• Continued to practise without a valid Practising Certificate despite reminders
• Failed to attend inspections and cooperate with Investigation Accountant

Mitigating factors:

• Respondent expressed remorse and said he had no hidden nest egg or lavish lifestyle