Krama & Co

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

Richard Deighton, an unadmitted clerk at CK Solicitors (formerly a solicitor admitted 1970 who removed his name from the Roll in 1990), had conduct of an insurance claim for Mr and Mrs R arising from storm damage. Over roughly two months he gave false and misleading information, telling them that proceedings had been issued, that he had attended court, and that the claim had settled for around £165,000, when no proceedings had been issued and the insurer had closed the file two years earlier. Relying on this, the clients made arrangements to purchase a property to their detriment. He also misled his conveyancing colleague CA, including falsely claiming he was travelling to Southampton to collect a cheque. The Tribunal found all three allegations (breaches of Rules 1.02 and 1.04) proved, with dishonesty proved under both limbs of the Twinsectra test. His claimed 'avoidant personality' condition was given no weight as unsupported by medical evidence. As he was unadmitted, the only order available was a section 43 order restricting his employment. Agreed costs of £10,800 were ordered but not to be enforced without leave of the Tribunal given his poor financial means and bankruptcy.

Duties found breached:

• Not mislead third parties or opponents
• No conflict between current clients
• Good faith and courtesy to colleagues

Aggravating factors:

• Deception took place over a sustained period of about two months (Christmas 2010 to February 2011)
• Multiple discrete untruths - falsely claiming proceedings issued, that they had settled, the settlement sum of £165,000, and purported travel to Southampton to collect a cheque
• Clients were vulnerable, living in a caravan for two years, and suffered significant distress and financial loss
• Clients paid the firm's fees (£2,012.50) for work purportedly done
• Withheld true position from both clients and professional colleague when repeatedly asked

Mitigating factors:

• No previous disciplinary matters
• Made admissions to Mr K in a memorandum of 10 February 2011 apologising for the deceptions
• No personal financial gain
• Expressed regret and cooperation