Aymer Jan Patrick Hutton

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

Aymer Hutton, a partner at Cunningtons LLP, attempted to procure the backdating of a Transfer Form (via a telephone call and an email to the sellers' solicitors) so his client could still benefit from the Stamp Duty Land Tax holiday after completion took place on 1 July 2021 rather than the intended 30 June 2021. He admitted breaches of Principles 2 and 5 but denied dishonesty. The Tribunal rejected his 'delayed/deemed completion' explanation as lacking credibility and an afterthought, finding his primary motive was to avoid SDLT liability (approx £6,000) that would fall to him or his firm. Applying Ivey, the Tribunal found him dishonest and in breach of Principles 2, 4 and 5 and the Code. Despite significant personal mitigation and an isolated, unplanned lapse, the Tribunal found no exceptional circumstances and struck him off, ordering costs of £5,000.

Duties found breached:

• Honesty
• Integrity
• Uphold public trust in the profession
• Good faith and courtesy to colleagues

Aggravating factors:

• Experienced solicitor of some 30-33 years
• Motivated by avoiding liability for SDLT (approx £6,000) to client or firm
• Conduct would have deceived HM Revenue and Customs and misrepresented position to HMLR and clients
• Required involvement of another party to carry out the deception

Mitigating factors:

• Isolated, discrete and momentary lapse lasting about 30 minutes
• Not pre-planned
• Committed during exceptionally busy working day at end of SDLT holiday
• 33 years of unblemished professional conduct
• Numerous positive character references
• Prompt admissions and cooperation with the regulator
• Genuine and sincere remorse
• No client suffered loss and correct SDLT was ultimately paid
• No previous disciplinary matters