Michael William Pilkington

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

Michael William Pilkington, sole director of Pilkingtons Solicitors, from around March 2020 received monies for settled cases but failed to pay outstanding professional and non-professional disbursements on at least 50 cases, instead using the money to fund the running of the Firm. He also failed to notify the SRA of the Firm's serious financial difficulties until the forensic investigation. The Tribunal found his conduct breached Principles 2, 4 and 5, made an express finding of dishonesty (Ivey test), and found a lack of integrity. Finding no exceptional circumstances, the Tribunal struck him off the Roll. Given his personal liabilities and lack of means, no order as to costs was made (following Barnes), despite the SRA seeking £33,459.10.}

Duties found breached:

• Honesty
• Uphold public trust in the profession
• Report serious misconduct of others

Aggravating factors:

• Proven dishonesty in material breach of obligation to protect the public
• Deliberate, calculated and planned conduct
• Continued scheme even after being told by the FI Officer to cease
• Foreseeable harm that increased over time
• Books of account showed disbursements as paid when they had not been
• Experienced solicitor who should have known conduct breached regulatory obligations

Mitigating factors:

• Long and previously unblemished career
• Single course of conduct, out of character
• Complete candour and transparency with the FI Officer and throughout proceedings
• Admitted the facts from the outset
• Misconduct occurred during extremely trying financial circumstances largely beyond his control
• No personal financial gain; took no money from the Firm since February 2020
• Motivation to keep employees in employment
• Positive testimonials