Anthony David Preston

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

Anthony David Preston, a sole practitioner conveyancer, faced allegations including breaches of the Solicitors Accounts Rules, acting for both buyer and seller in four conveyancing transactions, misleading clients about prices, and paying differences to a third party (Mr W-T) without client authority. The Tribunal found he had dishonestly concealed the true sale/purchase prices and Mr W-T's involvement, providing different completion statements to buyers and sellers and making unauthorised payments to a third party acquaintance. Applying the Twinsectra test, dishonesty was found on allegations 1.1(g) and 1.3 but not on 1.2. All other allegations were proved, including maintaining a sham partnership and practising as a sole practitioner without SRA authorisation. Given the dishonesty findings and absence of exceptional circumstances (SRA v Sharma), the Respondent was struck off the Roll and ordered to pay costs of £30,000 (reduced from £36,509.64 claimed).

Duties found breached:

• No improper communication with the court
• No conflict between current clients
• Handle inadvertently received material
• No improper use of client money
• Prompt accounting and return of money
• Truthful, non-misleading advertising

Aggravating factors:

• Dishonesty causing substantial financial losses to clients
• Actively concealed true sale/purchase prices and third party's involvement from clients
• Prepared completion statements showing different prices to buyer and seller
• Payments to acquaintance Mr W-T without client authority totalling significant sums
• Missing/thinned files and absence of documentation for alleged sub-sales
• Damage to reputation of the profession

Mitigating factors:

• No previous disciplinary matters
• Long career (35 years) with next to no complaints
• Poor health and reduced income due to recession
• No longer practising
• Rectified sole practitioner authorisation once aware
• Made a payment to compensate one aggrieved client
• Cooperated by admitting several allegations