A long-serving clinical negligence solicitor who kept his client in the dark for a decade that her claim had failed has agreed to be struck off the roll.
David Chalcraft, admitted in 1985, did not tell his client in 2012 that her claim against North Middlesex University Hospital Trust had been dismissed because he had missed a deadline to issue proceedings. Instead he kept up the pretence for 10 years that the claim was live, sending correspondence to her and to opposing solicitors.
At one point, Chalcraft even sought medical expert evidence for the struck-out matter and referred to outstanding medical reports in correspondence with the client and her daughter.
It was only in January 2023 that he emailed the client and her daughter saying he was not going to give any more excuses or tell any more lies and admitting the claim had been dismissed due to his own failings. He went on: ‘I was too cowardly to tell you and admit 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.’
Chalcraft admitted his behaviour was ‘disgusting and disgraceful’ and he was ashamed. He had kept it a secret the whole time, not telling anyone at his firm, north west London practice Alexander & Partners.
The email continued: ‘I know that any apology from me will seem hollow and be meaningless to you. I accept that you will not be able to forgive me for my behaviour. 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.’
Chalcraft also admitted settling a different clinical negligence claim in 2017 without his client’s instructions or authority. The solicitor than communicated with the client on at least 13 occasions over the next four years without indicating that the matter had settled. He again suggested that medical reports were being awaited when the case was no longer live.
When the firm received £11,000 into its client account through the settlement, Chalcraft made no payment for more than a year.
Chalcraft, who was his firm’s compliance officer, made an agreed outcome with the Solicitors Regulation Authority that he should be struck off. The Solicitors Disciplinary Tribunal rubber-stamped the agreement and ordered Chalcraft to pay £10,000 costs.
