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The equitable personal liability of strangers to the trust
Problem scenario
Mr Sleeson, a solicitor, is a sole practitioner with access to his clients’ accounts. He withdraws money from ‘the client account’ and places it in his own private bank account which he holds with the Nelson Westminster bank. Later, he withdraws monies from his private account and plays it at a casino in the city. He places the winnings and the original withdrawals in his private account at the bank. This happens regularly and the bank manager suspects that something may be amiss, but turns a blind eye to Mr Sleeson’s activities.
Eventually, Mr Sleeson ‘went for the big gamble’, lost all his money, and was declared bankrupt. The casino manager had accepted his bets because he ‘knew that solicitors made a lot of money’.
Advise Mr Sleeson’s clients who now seek to recover their lost funds.