Litigation Disciplinary Tribunals 25/10/94

BRIAN DENNIS CAPLIN, 44, struck off in June 1990, refused restoration to Roll. Caplin, struck off after substantiated allegations he misused client funds for own and other clients' purposes, misled clients, failed to pay stamp duty and Land Registry fees, breached professional undertakings, made misleading statement to bank. Law Society Compensation Fund paid out u276,572 for his activities, u126,572 of which had not been recovered. Caplin in his application said that although struck off in 1990 he had effectively imposed a penalty on himself by removing himself from profession in 1985. Tribunal said he had been employed in field entirely divorced from profession and maintained no contact with it for nine years. He had not asked about his debts or tried to reduce compensation fund shortfall. He had not shown he was sufficiently rehabilitated to be readmitted.

ANTHONY LEIVESLEY, 48, admitted 1971, practised as John Stead and Co, Widnes, Cheshire, struck off and ordered to pay u987 costs. Allegations substantiated he wrongly drew client money and used it for his own purposes and failed to keep properly written accounts. Tribunal told claims totalling u119,831 were made against Law Society Compensation Fund as direct result of Leivesley's activities. He was said to have told Law Society investigation accountant he had made improper transfers from client account at time when he was under financial pressure. Leivesley, in his submissions to tribunal, said that as result of combination of factors, notably recession in housing market and lack of sufficient financial planning, he had found himself unable to service loans. He said money had not been used on any form of extravagant living. Tribunal said while they had sympathy for respondent's personal and professional difficulties nothing could excuse taking client money.

THOMAS FINBAR DAVIDSON YOUNG, 40, admitted 1982, who was assistant solicitor with Skemp and Otten, and latterly N R Warburton, Stockport, struck off and ordered to pay u890 costs. Allegations substantiated he had been convicted of dishonesty and given suspended jail term after conviction at Leeds Crown Court in January this year, of theft of client money totalling u7,595. Tribunal told that sentencing judge told Young he had let down his profession and that public expected high standards of solicitors. Young previously before Tribunal in 1992 when allegations of accountancy breaches and misuse of client funds were substantiated.