B Hellewell

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

Barry Ralph Hellewell, a solicitor admitted in 1978 and partner at David Barney & Co, twice used client monies (from estates of Mr HF and Mrs JS) totalling over £6,000 to pay his personal MBNA credit card, and created two false letters to conceal one payment. The Tribunal found dishonesty proved under both limbs of the Twinsectra test, rejecting the argument that his clinical depression prevented him from distinguishing right from wrong. Allegations relating to the invalid Will of Mrs HE and the undertaking to pay Sibley & Co's costs were found not proved. The Tribunal found the case did not fall within the residual category of exceptional cases and ordered that he be struck off the Roll and pay costs of £22,000.

Duties found breached:

• No improper communication with the court
• Uphold public trust in the profession
• No conflict between current clients
• No improper use of client money

Aggravating factors:

• Two separate misappropriations of client money approximately five months apart
• Creation of two false letters to conceal one payment
• Personal benefit to the solicitor
• Adverse effect on clients/beneficiaries
• Conduct required rational, considered thought process, not momentary lapse

Mitigating factors:

• Previously impeccable and lengthy career of good character
• Full and frank admissions and cooperation throughout
• Repaid the monies
• Suffered from moderate clinical depression at material time (per Dr Somekh's report)
• Continued employment and support from current employer