Allen Hugh Cottell
Allegation / charges
Failures, Solicitors' Accounts Rules, Others
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The Respondent, admitted 1979, acted for both purchasers and the Nationwide Building Society in three 1992 back-to-back conveyancing transactions bearing clear mortgage-fraud warning signs (same vendor connected to introducing brokers, undervalues, simultaneous exchange/completion). He failed to investigate the vendor's title or disclose the back-to-back nature and a price reduction to the lender, signing Reports on Title confirming good title. In March 2000 he lied to a prospective employer (G solicitors) about ongoing SIF/OSS matters, having attended a SIF indemnity conference four days earlier, thereby gaining a consultancy. He also failed to respond to OSS correspondence and failed to deliver his accountant's report. Applying Royal Brunei Airlines v Tan, the Tribunal found him dishonest on allegations (i), (ii) and (iii), struck him off and ordered costs of £1,769.50.
Duties found breached:
- Proper basis for allegations
- Not mislead third parties or opponents
- Disclose material information to client
- Prompt accounting and return of money
Aggravating factors:
- Dishonesty in relation to conveyancing transactions despite Law Society mortgage fraud warning card
- Compounded by clear dishonesty to prospective employer in 2000
- Serious mortgage fraud resulting in detriment to lender clients (no repayments made; properties tenanted)
- Failure to engage with regulator and Tribunal proceedings