SDT: Approved strike-off
A self-confessed “cowardly” solicitor who lied to a client for more than 10 years after her medical negligence claim was thrown out has been struck off.
In an extraordinary email to the client and her daughter, David James Chalcraft described his behaviour as “disgusting and disgraceful” but said he was “too cowardly” to tell them that he missed the deadline for filing a medical report.
The Solicitors Disciplinary Tribunal (SDT) heard that Mr Chalcraft settled another medical negligence claim without contacting the client involved, and for almost four years afterwards gave “deliberately misleading information that suggested the matter remained live”.
In the email to Client A and her daughter in January 2023, Mr Chalcroft, a salaried partner at former north London firm Alexander & Partners, told them: “I am not going to give you any more excuses or tell you any more lies. I am just going to admit the truth to you finally.
“The claim against the hospital was struck out by the court 10 years ago because of my failings in pursuing it for you.
“I was too cowardly to tell you and admit that to you at the time and ever since then I have been the same coward.
“Everything that I have told you since then has been a lie, because I could not face telling you the truth.
“My behaviour has been disgusting and disgraceful and I am more ashamed of what I have done than of anything else in my life ever.
“I have kept this hidden from everyone until now. I did not tell anyone about it, not my employers, my firm or my colleagues or your previous solicitors, no one at all.”
Mr Chalcraft said he knew that any apology would seem “hollow and be meaningless” and accepted that Client A and her daughter would not be able to forgive him.
“I accept that I cannot make up for my deceit although I wish I could. I wish that I had never done any of these things. I apologise to you from the bottom of my heart.”
The SDT approved a statement of agreed facts and outcome between the Solicitors Regulation Authority (SRA) and Mr Chalcraft.
The SRA said the solicitor, admitted in 1985, acted for Client A from 2008 in her claim against North Middlesex University Hospital NHS Trust.
Alexander & Partners issued proceedings in January 2010 and was required to serve a medical report by October 2012 or the claim would be struck out.
Mr Chalcraft was aware of the deadline but failed to serve the report. The claim was struck out in December 2012.
Between January 2013 and January 2023, he sent “numerous pieces of correspondence” to Client A and her daughter, her previous solicitors and the trust’s solicitors, which “gave the misleading impression that Client A’s claim remained live”.
The SRA said the “misleading impression was bolstered” by the solicitor still seeking medical expert evidence and referring to outstanding medical reports in correspondence.
In the other matter, Mr Chalcraft was jointly instructed by Client B and his mother in respect of a clinical negligence claim following the death of Client B’s father in January 2013.
The solicitor decided to accept an offer from the first defendant in July 2017 and discontinue claims against the other two defendants, without consulting Client B.
He communicated with Client B at least 13 times between October 2017 and September 2021, never telling him that the matter had settled, but instead giving “deliberately misleading information that suggested the matter remained live but medical reports were awaited”.
Mr Chalcraft admitted acting dishonestly. He also admitted retaining £11,000 in damages agreed to be paid to Client B under the settlement for “over a year”, instead allowing his law firm to provide Client B with a banking facility by paying off his mortgage areas of £3,700 from a separate account.
Mr Chalcraft breached further rules in his role as the firm’s COFA by failing to obtain an accountant’s report.
He agreed to be struck off and pay £10,000 in costs.