Decision record
Marie-Garrard Newton
Allegation / charges
Breaches, Delays, Failures, Others, Solicitors' Accounts Rules
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The Respondent, a solicitor admitted in 1971, admitted ten allegations including dishonesty on seven of nine allegations arising from a High Court judgment. She deliberately gave untrue oral evidence intending to mislead the court, concealed the true purchase price in a conveyancing transaction, made untrue statements to a client's agent, insurers and colleagues, acted against her client's interests by assisting his agent, and made unauthorised payments of £1.5 million and £2 million from client account in breach of trust. Given the express findings of dishonesty and absence of exceptional circumstances, the Tribunal ordered that she be struck off the Roll and pay costs of £30,000, declining to defer enforceability.
Duties found breached:
- Not mislead third parties or opponents
- No conflict between current clients
- No improper use of client money
- No baseless or threatened misconduct report
- Good faith and courtesy to colleagues
- Truthful, non-misleading advertising
- Not misrepresent regulated status
Aggravating factors:
- Deliberate intention to mislead the Court
- Also misled colleagues, Counsel and professional indemnity insurers
- Misconduct continued over a period of time and related to more than one transaction
- Deliberate and repeated conduct involving more than one improper transfer of money
- Dishonesty admitted in respect of seven of nine allegations
- Limited insight until recently, having originally contested the allegations
Mitigating factors:
- Over 45 years of practice with a previously unblemished record
- Made admissions and cooperated with the investigation
- Surrendered practising certificate a year before the hearing
- Agreed to pay £60,000 to former firm's professional indemnity insurers
- No intention of practising again
- Matter had been outstanding for a very long time
- Involved clients who the High Court found needed to be treated with great caution
Duties engaged
- Honesty
- Not mislead third parties or opponents
- No conflict between current clients
- No improper use of client money
- No baseless or threatened misconduct report
- AML and crime-prevention compliance
- Good faith and courtesy to colleagues
- Truthful, non-misleading advertising
- Not misrepresent regulated status