Peter Hobson Brothwell
Sole practitioner
098463

Decision - Prosecution

Outcome: Referral to Solicitors Disciplinary Tribunal

Outcome date: 27 May 2020

Published date: 3 December 2020

Firm details

Firm or organisation at time of matters giving rise to outcome

Name: P H Brothwell

Address(es): 16 Church Street, Folkestone, Kent CT20 1SE

Firm ID: 063221

Outcome details

This outcome was reached by SRA decision.

Reasons/basis

This notification relates to a Decision to prosecute before the Solicitors Disciplinary Tribunal.  This is an independent Tribunal which will reach its own decision after considering all the evidence, including any evidence put forward by the Solicitor.  The Tribunal has certified that there is a case to answer in respect of allegations which are or include that, while in practice as a sole practitioner at PH Brothwell (“the Firm”) and whilst in the position of COLP and COFA: 

1. Between 23 May 2011 and 29 July 2019, in respect of the administration of the Estate of GGF deceased (“the Estate”), he:-

   1.1 between 25 February 2011 and 28 February 2017, overcharged the Estate;   

   1.2 between 1 March 2017 and 29 July 2019, improperly raised six invoices;   

2. On or around 5 February 2013 and/or 7 October 2015, in dealing with the Department of Work and Pensions (“DWP”) in respect of the administration of the Estate of GGF deceased, he:-

   2.1 provided incomplete and/or inaccurate information in failing to notify the DWP of the sum received in respect of an insurance payment for stolen jewellery; 

   2.2 improperly overstated the legal fees that the Firm had incurred. 

3. On or around November and December 2015, he failed to correct the DWP in respect of the true position of the monies owed to it and/or improperly accepted a settlement;   

4. On or around 3 December 2015 onwards, having agreed a settlement with the DWP which stated that “if more assets are found they should be used to pay off the balance”, he failed to notify the DWP of, or pay the sum to the DWP; 

The allegations are subject to a Hearing before the Solicitors Disciplinary Tribunal and are as yet unproven.

Decision - Closure

Outcome: Intervention

Outcome date: 29 May 2020

Published date: 29 May 2020

Firm details

Firm or organisation at date of publication and at time of matters giving rise to outcome

Name: P H Brothwell

Address(es): 16 Church Street, Folkestone, Kent, CT20 1SE

Firm ID: 63221

Outcome details

This outcome was reached by SRA decision.

Decision details

To intervene into the practice of Peter Hobson Brothwell, practising as P H Brothwell.

Reasons/basis

1. There is reason to suspect dishonesty on the part of Mr Brothwell in connection with his practice (paragraph 1(1)(a)(i) Schedule 1, Part I Solicitors Act 1974);
2. Mr Brothwell has failed to comply with the SRA Principles 2011 and the SRA Accounts Rules 2011 (paragraph 1(1)(c) Schedule 1, Part I Solicitors Act 1974);

Intervening agents

James Dunn of Devonshires, 30 Finsbury Circus, London, EC2M 7DT has been appointed as the intervening agent.

For enquiries please call 0207 065 1830 or email intervention-team@devonshires.co.uk