Decision record
Michael Brocklebank
JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number8765/2003
Date01/01/2003
OutcomeStrike off
Allegation / charges
Breaches, Client Money, Failures, Solicitors' Accounts Rules
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
SanctionStrike Off
CostsGBP 6,792
Dishonesty foundNo
Sole practitioner Michael Brocklebank, specialising in low-cost volume conveyancing, was found guilty of conduct unbefitting a solicitor for serious breaches of the Solicitors Accounts Rules, including a client account shortage of £169,673.99 caused by overpayments and use of other clients' funds to complete transactions, failure to keep proper accounts, delayed registrations compromising mortgagee security, and inadequate supervision of staff. No dishonesty was alleged or found. The Tribunal found a wholesale failure to manage his accounts and struck him off the Roll, ordering costs of £6,791.54.
Duties found breached:
- No conflict between current clients
- No improper use of client money
- Accounting records, reconciliation and reports
- Supervise staff and delegated work
Aggravating factors:
- Client account shortage of £169,673.99
- 85 overpayments totalling £168,098.01 from client account with insufficient funds
- Used other clients' money to complete transactions
- Failure to renew 94A searches compromised security of mortgagees, mortgagees not informed
- Numerous outstanding registrations, oldest from March 2002
- Wholesale failure to manage accounts
- Compensation Fund claims and payments arising
Mitigating factors:
- No dishonesty alleged or found
- Admitted allegations and did not contest them
- Took some steps to rectify shortages and update registrations
- Declining health coincided with increase in workload
- Impecunious circumstances (on income support)