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Philip John Burbidge

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number12505/2023
Date16/04/2024
OutcomeStrike off

Allegation / charges

Breaches, Code of Conduct 2011, Dishonesty, Lack of Integrity, SRA Principles 2011

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

SanctionStrike Off
Dishonesty foundYes

Philip John Burbidge, a consultant solicitor at Battens Solicitors Limited admitted in 1995, faced three proved allegations arising from his representation of Clients A and B in a construction dispute. The Tribunal found that on 4 November 2016 he provided false information to the clients that protocol letters had been sent (they were not sent until January 2017), and that he had dishonestly misled them (allegation 1.1, breaching Principles 2 and 6). It further found he failed to adequately comply with Consent and Unless Orders, leading to the claim being struck out before HHJ Russen QC on 3 October 2018 with adverse costs orders (allegation 1.2), and failed to seek client instructions on ongoing matters including a time-limited costs offer notified a day late (allegation 1.3). The Tribunal found him reckless in relation to allegations 1.2 and 1.3. The Respondent did not engage and the hearing proceeded in his absence. He was struck off the roll.

Duties found breached:

Aggravating factors:

  • Dishonesty in misleading clients about the status of their case
  • Recklessness in relation to allegations 1.2 and 1.3
  • Experienced solicitor of 25 years who would have been aware of the risks of failing to comply with Unless Orders and missing offer deadlines
  • Continuum of inaction over many months culminating in the client's claim being unnecessarily struck out and clients liable for costs in full

Codes & rules applied

Documents

Source: https://solicitorstribunal.org.uk/case/12505/