Richard Melville Thomson

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

Richard Melville Thomson, a sole practitioner admitted in 1977, admitted all allegations save dishonesty. A Forensic Investigation found he made round sum transfers of £96,017 from client account exceeding costs due, allowed his bank to transfer client funds to keep office account within credit limits, used client money for salary, wages, VAT and personal payments, failed to keep proper books, and mishandled stamp duty (causing penalties and failing to return £740 to an exempt client). This produced a client account shortage of £33,754.98. The Tribunal, applying Twinsectra, found his actions dishonest. Despite substantial mitigation including full repayment, remorse and glowing testimonials, he was struck off the Roll and ordered to pay agreed costs of £23,926.36.

Duties found breached:

• No improper use of client money
• Prompt accounting and return of money
• Accounting records, reconciliation and reports
• Diligence and timeliness

Aggravating factors:

• Misuse of substantial client funds for own and others' benefit
• Deliberately flouted the Accounts Rules
• Failure to protect lender clients' interests
• Failed to return £740 stamp duty to client two years four months after learning property was exempt
• Cash shortage increased after inspection began

Mitigating factors:

• Early and full frank admissions
• Whole shortfall on client account remedied; no client out of pocket and no claim on Compensation Fund
• Numerous unsolicited testimonials praising competence and probity
• Genuine remorse
• Suffered greatly due to intervention - loss of practice, home, family separation
• Long previously unblemished career
• Took steps (second mortgage of £45,000) to remedy shortfall before inspection