Decision record
Andrew William Densham
Allegation / charges
Breaches, Failures, Solicitors' Accounts Rules, Others
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Andrew William Densham, admitted 1996 and practising as Phoenix Solicitors, faced numerous allegations of conduct unbefitting a solicitor including failing to file accountant's reports, practising without a certificate, multiple Solicitors Accounts Rules breaches (mixing own money in client account, drawing client funds for own benefit, minimum shortage of £15,460.21), false statements about PI insurance to an investigation officer and on an RF1 form, and failures to comply with adjudicator directions and a court order. He admitted all allegations but denied dishonesty. Although the Applicant put the case as one of dishonesty, the Tribunal's findings referred to conduct that 'compromised the Respondent's integrity' and 'highly improper practices' without making an express finding of dishonesty. The Tribunal found the misconduct at the most serious end of the scale, struck him off the Roll, ordered costs of £12,636.68, and made the £850 adjudicator direction to Mr L enforceable as a High Court order.
Duties found breached:
- Not mislead the court
- No improper communication with the court
- Act in the client's best interests
- Advise on alternatives, settlement and outcome
- No conflict between current clients
- Handle inadvertently received material
- No improper use of client money
- Accounting records, reconciliation and reports
- Hold a current practising certificate
- Self-report to the regulator
- Not misrepresent regulated status
Aggravating factors:
- Misconduct covered almost every aspect of solicitors' regulatory requirements
- Gross mismanagement leading to highly improper practices
- Minimum cash shortage on client account of £15,460.21, not shown to be replaced
- Failed to co-operate or participate in the investigation and proceedings
- Made false statements about professional indemnity insurance to both investigator and Law Society
Mitigating factors:
- Admitted all allegations by the end of the hearing
- Apologised to the Law Society and profession
- Referred to a personal tragedy at the time of the inspection
- Cited inadequately experienced support staff
Duties engaged
- Not mislead the court
- No improper communication with the court
- Comply with and respect court orders
- Act in the client's best interests
- Advise on alternatives, settlement and outcome
- No conflict between current clients
- Handle inadvertently received material
- No improper use of client money
- Accounting records, reconciliation and reports
- Diligence and timeliness
- Hold a current practising certificate
- Self-report to the regulator
- Not misrepresent regulated status