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John Dowdeswell

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number11081/2012
Date01/01/2012
OutcomeProhibition Order, S.43 Order (clerks)

Allegation / charges

Breaches, Failures, Others

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

SanctionOther
CostsGBP 17,500
Dishonesty foundNo

The First Respondent, sole equity partner of Edmunds & Co Solicitors, admitted failing to supervise an unadmitted conveyancing fee-earner (the Second Respondent) and failing to cause material facts to be reported to lender clients (DB Mortgages) in two conveyancing transactions involving sub-sales, third-party deposits and price-splitting. The Second Respondent denied but ultimately effectively admitted failing to report material facts under the CML Handbook. The Tribunal found all allegations proved to the criminal standard. No dishonesty was alleged. As the First Respondent had already been removed from the Roll voluntarily (due to an SRA administrative error), the only available sanction was an order under s47(2)(g) prohibiting her restoration without Tribunal order; the Second Respondent received a s43 order regulating his employment. Each was ordered to pay £8,750 costs (total £17,500, reduced from the £30,500 claimed).

Duties found breached:

Aggravating factors:

  • Second Respondent was an experienced conveyancer with nearly 30 years' experience who must have known the CML requirements
  • Failure related to two separate conveyancing transactions

Mitigating factors:

  • No previous disciplinary matters against either Respondent
  • No dishonesty alleged or found
  • First Respondent was recovering from major surgery and in fragile health; came from a travel law background unfamiliar with conveyancing
  • No financial wrongdoing or personal gain by the Second Respondent

Duties engaged

Documents

Source: https://solicitorstribunal.org.uk/case/11081/