Former solicitor’s restrictions extended for abusing client funds
Former solicitor has bankruptcy restrictions extended for nine years after he made loans to clients using money that was held in trust by the firm.
John Richard Killington (63), of Brighton, has signed a nine-year Bankruptcy Restrictions Undertaking over his conduct while a solicitor at a legal firm based in Watford, Hertfordshire.
Following complaints, the Solicitors Regulation Authority (SRA) conducted an investigation and revealed that in 2014, John Killington made unsecured loans of more than £370,000 to clients of his firm.
The SRA alleged at a Solicitors Disciplinary Tribunal (SDT) hearing that John Killington had abused his position of trust when he used funds from another client to make these loans.
The allegations were upheld, and John Killington was struck off as a solicitor at the hearing in April 2017. He was also assessed to owe almost £150,000 in costs associated with his investigation. The SRA petitioned for his bankruptcy when he was unable to pay and a Bankruptcy Order was granted in August 2018 by the County Court at Brighton.
Bankruptcy restrictions are usually lifted after a year but, owing to the seriousness of John Killington’s abuse of trust, the Official Receiver pursued extended restrictions.
On 25 April 2019, the Secretary of State for Business, Energy and Industrial Strategy accepted a nine-year Bankruptcy Restrictions Undertaking from John Killington.
Effective immediately, he cannot borrow more than £500 without disclosing his bankrupt status, and he cannot act as a company director without the court’s permission.
Liesl Cook, Official Receiver for the Insolvency Service, said:
John Killington abused the trust placed in him by a client who had every right to expect he would faithfully carry out his duties as their solicitor.
He has now paid a heavy price for his misconduct as, in addition to John Killington not being able practice law, severe bankruptcy restrictions have been placed on him thanks to the collaboration between the SRA and the Insolvency Service.
Notes to editors
John Richard Killington is of Brighton, previously of Watford, and his date of birth is January 1956.
Detail of John Richard Killington’s Bankruptcy Order (BO) and Bankruptcy Restrictions Undertaking (BRU) is available on the Individual Insolvency Register.
Bankruptcy restrictions are wide ranging. The effects are the same whether you are subject to a Bankruptcy Restrictions Order or to an undertaking.
It is an offence if you:
- do not disclose your status as a person subject to bankruptcy restrictions to a credit provider if you wish to get credit of £500 or more.
- carry on business in a different name from the name in which you were made bankrupt, you must disclose to those you wish to do business with the name (or trading style) under which you were made bankrupt.
- act as the director of a company or take part in its promotion, formation or management unless you apply to the court for permission to do so.
- act as an insolvency practitioner, or as the receiver or manager of the property of a company on behalf of debenture holders.
Further guidance on the additional effects of a bankruptcy restrictions order or undertaking Persons subject to a BRO/BRU is available.
Further information about the work of the Insolvency Service, and how to complain about financial misconduct, is available.
Details of the SDT hearing for John Richard Killington are available here.
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