Decision record
Harry Francis Cottam
Allegation / charges
Dishonesty, Lack of Integrity, Solicitors Accounts Rules 2011, SRA Principles 2011
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Mr Cottam, sole director, COLP and COFA of Cottams Solicitors Ltd, was found to have caused or allowed improper transfers totalling £175,115.44 from client account to office account on two matters (RCG and JB) between May 2016 and May 2018 to prop up the Firm following financial difficulties caused by a 2015 arson attack. Allegation 1.1 was proved with dishonesty; Allegation 1.2 (preparing false invoices) was not proved as the Tribunal was not satisfied he prepared or caused them to be prepared. The Tribunal rejected his defence that his bookkeeper TN was solely responsible, relying on his admissions in interview and the improbability of TN acting without his knowledge. The Tribunal found high culpability and no exceptional circumstances to avoid the usual sanction for dishonesty. Struck off the Roll and ordered to pay £4,000 costs (reduced from £32,082 claimed, then further reduced to reflect means). Appeal to High Court dismissed in July 2025.
Duties found breached:
Aggravating factors:
- Dishonesty
- Deliberate, calculated and repeated transfers over a significant period (more than 18 months)
- Sought to blame former employee TN a year into the investigation
- Knew he was in material breach of obligations
- Position of trust as solicitor, sole director, COLP and COFA
- Failed to report breaches to the SRA when discovered
Mitigating factors:
- Previously unblemished career and good character
- Victim of arson attack and death threats affecting health and judgment
- Co-operated with SRA investigation
- Repaid approximately £804 and attempted to sell premises to make good shortfall
- Engaged with proceedings throughout
Codes & rules applied
Duties engaged
- Overriding duty to the court
- Honesty
- Integrity
- No bribery or improper gifts
- Personal probity and fitness to practise
- Uphold public trust in the profession
- No unlawful discrimination or harassment
- Protect legal professional privilege
- Non-discriminatory acceptance and cab-rank
- No improper use of client money
- Serve justice and improve the law