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discipline 4 October 2026
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Decision record

A N Other & Matthew Cobley & Andrew Whitaker

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number11443/2015
Date01/01/2015
OutcomeS.43 Order (clerks), Suspend - Fixed Period

Allegation / charges

Breaches, Client Money, Failures, Solicitors' Accounts Rules

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

SanctionSuspension
Suspension24 months
FineGBP 25,000
CostsGBP 10,000
Dishonesty foundYes

Client money (settlement cheques from MBNA for PPI mis-selling claims conducted by LDP under the Ashworth Law style) was misappropriated by paying cheques into the account of an associated claims management company (CJP) and into LDP's office account, totalling tens of thousands of pounds with an estimated overall client account shortage of ~£410,000. The Tribunal made express findings of dishonesty against the Second Respondent (Cobley, the instigator) across all allegations against him and against the Third Respondent (Whitaker) on Allegations 1 and 3, including misappropriation, backdating documents to deceive the SRA investigator, attempting to divert client money to Cobley's wife, and coercing the solicitor and cashier not to report. No dishonesty was alleged against the First Respondent solicitor, who admitted lack of integrity, breaches of SAR and failure to report; she was found to have allowed her independence to be compromised. Sanctions: First Respondent suspended 2 years plus indefinite practice conditions and £7,500 costs; Cobley Section 43 order, £25,000 fine and £10,000 costs; Whitaker Section 43 order, £10,000 fine and £8,000 costs.

Duties found breached:

Aggravating factors:

  • Repeated conduct over an extended period (approx. 21 months)
  • Concealment of wrongdoing (backdated correspondence, altered case management system)
  • Respondents ought to have known conduct was in material breach
  • Second/Third Respondents used threats and coercion to prevent reporting

Mitigating factors:

  • First appearance before Tribunal / previously unblemished careers
  • First Respondent deceived, bullied and manipulated by Second and Third Respondents
  • First Respondent obtained no personal benefit
  • Full cooperation with the SRA and intervention (over 560 hours; helped recover ~£140,000)
  • Genuine insight and early admissions by First Respondent
  • Impressive character references

Duties engaged

Documents

Source: https://solicitorstribunal.org.uk/case/11443/