Robert Alan Downie

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

Robert Alan Downie, a solicitor and sole equity owner of Bathurst Brown & Downie LLP, faced five allegations relating to misuse of client money. The Tribunal, proceeding in his absence, found all allegations proved. He made 22 improper round sum transfers totalling £193,210 from client to office account without client authority, found to be dishonest under the Ivey test (drawing an adverse inference from his failure to explain). He caused an improper payment of £204,217.97 creating a client account shortage, failed to pay SDLT for clients FK and SK, failed to distribute sale proceeds between CE and NE, and failed to appoint a COLP/COFA from September 2018. He admitted all allegations except dishonesty, and admitted recklessness for 1.1 and 1.2. The Tribunal found dishonesty and lack of integrity, ordered him struck off and to pay costs of £26,358.80.

Duties found breached:

• Non-discriminatory acceptance and cab-rank
• No conflict between current clients
• No improper use of client money
• Prompt accounting and return of money
• Not misrepresent regulated status

Aggravating factors:

• Dishonest round sum transfers repeated over a three month period
• Conduct deliberate and calculated
• Breach of position of trust as executor and trustee of the D estate
• Failure to co-operate with the SRA investigation and non-compliance with production notices
• Direct personal benefit as sole equity owner of the firm
• Harm to clients (e.g. paying two mortgages, HMRC enforcement) and to reputation of the profession
• High degree of culpability as sole signatory with direct control of accounts
• Apparent teeming and lading

Mitigating factors:

• No previous disciplinary matters before the Tribunal
• Made partial admissions in general terms