Decision record
Stuart Andrew Howard Fotheringham
JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number9591/2006
Date01/01/2006
OutcomeStrike off
Allegation / charges
Others
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
SanctionStrike Off
CostsGBP 872
Dishonesty foundYes
The Respondent, a solicitor admitted in 1980, admitted three allegations of dishonest conduct: misleading client Mr W over a false police authority claim including inventing a £15,000 settlement and paying that sum himself, preparing a false Consent Order with a forged signature, and misleading Mr W over six years in a clinical negligence matter regarding non-existent proceedings and settlement offers. The Tribunal found dishonesty established under the Twinsectra test and, despite strong mitigation and self-disclosure, struck him off the Roll and ordered him to pay costs of £872.
Duties found breached:
- Proper basis for allegations
- Advise on alternatives, settlement and outcome
- No conflict between current clients
Aggravating factors:
- Course of dishonest conduct sustained over approximately three to six years
- Fabricated a settlement and paid client £15,000 to lend credence to the deception
- Created a forged Consent Order
Mitigating factors:
- Previously unblemished career of many years
- Respondent voluntarily disclosed his conduct to the client and blew the whistle on himself
- Early admissions and genuine contrition
- No personal financial gain
- Numerous testimonials and four character witnesses
- Firm structure changed making repetition highly unlikely