Nicholas Jackson
Allegation / charges
Breaches, Code of Conduct for Solicitors, REL's & RFL's 2019, Dishonesty, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Nicholas Jackson, an experienced commercial property solicitor and Head of Commercial Property at Cullimore Dutton Solicitors, certified copies of a director's passport and driving licence as true copies of originals on 6 July 2022 and supplied them to the lender's solicitors, when he had not inspected the original documents nor met the client in person. He claimed he relied on high-quality electronic copies and a chain of trust with a long-standing client and asserted he viewed documents during a video call, but neither he nor the client could confirm such a call. The Tribunal found, applying Ivey, that he knew he had not inspected originals and certified falsely, amounting to dishonesty, lack of integrity, and failure to uphold public confidence. All allegations were proved. With no exceptional circumstances, he was struck off and ordered to pay costs of £30,480, not to be enforced without leave of the Tribunal.
Duties found breached:
Aggravating factors:
- Conduct was dishonest
- Misrepresentation made several times
- Planned course of action
- Breach of position of trust as employee and acting for client
- Experienced commercial property lawyer aware of significance of proper certification
- Serious harm could have resulted to the transaction and parties
Mitigating factors:
- No previous disciplinary findings / otherwise unblemished record
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