Litigation Disciplinary Tribunals 09/07/96

Tayengwa Chitsiga, 64, admitted 1991, practising at material times initially in partnership and subsequently on own account as Chitsiga & Co, Winson Green, Birmingham, struck off. Allegations substantiated he drew client money in breach of rules and failed to keep account books properly. Tribunal told investigation accountant's report revealed cash shortage of £28,680. Tribunal said it could not avoid a finding that Chitsiga's use of client money to pay staff wages and to fund his own drawing from the firm was dishonest.

Stephen Moriarty, 44, admitted 1979, practising at material times as Travis Moriarty & Co, Chelmsford, fined £2,000. Allegations substantiated he failed to pay required insurance contributions, wrongly drew money from client account and practised without current practising certificate. Tribunal said case was "difficult and distressing". Tribunal had considered suspending him but decided to impose fine and made it clear that if it were not for the perilous financial position of Moriarty, the fine would have been higher. Tribunal to ask Law Society to give careful consideration as to whether respondent should be permitted to practise as sole practitioner again.

Mark Edgar Kayley, 38, admitted 1985, practising at material times under own name at Lutterworth, Leicestershire, fined £3,000 and ordered to pay £1,537 costs. Allegations substantiated he practised without practising certificate, failed to produce accounting books when required, misinformed a court over details of a defendant's representation and failed to reply to letters from Solicitors Complaints Bureau.

Pamela Sanger, conveyancing secretary with Coles Miller, Broadstone, Dorset, cleared of allegations she misappropriated £86 paid to her and which should have been paid into firm's client account.

Michael John McKnight, 50, admitted 1972, practised at material times as FJ McKnight & Ryder, Hanley, Stoke-on-Trent, fined £1,000 and ordered to pay £623 costs. Allegations substantiated he was late delivering or failed to deliver accountant's report. Tribunal said McKnight's failures were serious but had arisen through no fault of his own.

Wendy Penny, clerk at material times with Hutchings, Hutchings & Plum, Torquay, banned from working for any further solicitors without written consent of Law Society. Allegations of mishandling legal aid Green Form applications substantiated; investigations had revealed allegedly forged signatures on Green Forms.