Anthony Burns
Allegation / charges
Breaches, Code of Conduct 2011, Code of Conduct for Solicitors, REL's & RFL's 2019, SRA Principles 2011, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Anthony Burns, a sole practitioner and COLP/COFA at Mawdsleys Solicitors, faced four allegations all found proved on unchallenged evidence in his absence. He failed for years to comply with a Legal Ombudsman Final Decision and subsequent county court order regarding trust funds, provided dishonest/inaccurate information on two professional indemnity insurance proposal forms by deliberately omitting his criminal conviction, regulatory investigations, civil judgments and penalties, and repeatedly failed to comply with court orders including one bearing a penal notice, remaining at risk of committal for 153 days (found reckless). The Tribunal made an express finding of dishonesty under Ivey regarding the insurance forms. Given the dishonesty and absence of exceptional circumstances, the Tribunal struck him off the Roll and ordered costs of £39,335.90.
Duties found breached:
- Comply with and respect court orders
- Handle inadvertently received material
- No baseless or threatened misconduct report
Aggravating factors:
- Proven dishonesty
- Conduct was planned/deliberate
- Persistent failure to comply over many years
- Two previous SRA sanctions for failing to engage/comply with LeO
- Prior 2009 conviction-related Tribunal appearance (money laundering disclosure offence)
- Caused foreseeable harm to Person C and Charity A
- Recklessness found in relation to allegation 1.4
Codes & rules applied
Duties engaged
- Act only on proper, lawful instructions
- Advise on alternatives, settlement and outcome
- Avoid wasting the court's time
- Cease acting on client perjury or disobedience
- Client-care and engagement terms
- Client confidentiality
- Competence
- Complaints procedure and handling
- Comply with and respect court orders
- Comply with rules of foreign jurisdictions
- Continuity and handover of representation
- Cooperate openly with regulators
- Costs and fee transparency to client
- Diligence and timeliness
- Disclose adverse law to the court
- Disclose material information to client
- Disclose referrals, commissions and benefits
- Fair dealing with unrepresented parties
- Fair, reasonable and lawful fees
- Full disclosure on ex parte applications
- Good faith and courtesy to colleagues
- Handle inadvertently received material
- Hold a current practising certificate
- Honour professional undertakings
- Keep client informed and respond promptly
- Maintain competence and CPD
- Manage conflict arising mid-matter
- No abuse of process or coercive powers
- No acting against a former client
- No baseless or threatened misconduct report
- No conflict between current clients
- No direct dealing with represented party
- No improper benefit, loan or bequest
- No improper communication with the court
- No improper fee-sharing or partnership
- No improper questioning of witnesses
- No improper solicitation or touting
- Non-discriminatory acceptance and cab-rank
- No obstruction or victimisation of reporters
- No own-interest conflict
- No payments to witnesses on evidence
- No personal opinion or familiarity with court
- No prejudicial publicity for pending cases
- No standing bail or surety for client
- No taking unfair advantage
- No tampering with or coaching witnesses
- Not mislead the court
- Not mislead third parties or opponents
- Not misrepresent regulated status
- Pay instructed practitioners and agents
- Professional indemnity insurance
- Proper basis for allegations
- Proper termination and return of instructions
- Prosecutorial duty of disclosure
- Prosecutorial fairness and impartiality
- Protect capacity and vulnerable clients
- Protect legal professional privilege
- Report serious misconduct of others
- Safeguard documents and limit liens
- Self-report to the regulator
- Truthful, non-misleading advertising