Michael Rickaby

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

The Second Respondent, an unadmitted conveyancing clerk heading the 'Just New Homes' department at Berkeley Domecq Solicitors, was found to have failed to report material facts to lender clients (third-party completion funds from PPS, sub-sales/back-to-back transactions, price reductions, and unsupported income), signed misleading Certificates of Title, acted in transactions bearing hallmarks of mortgage fraud, and failed to comply with money laundering regulations. The Tribunal made a regulatory s.43 order (no finding of dishonesty required or made) preventing his employment in a legal practice without Law Society permission, and ordered him to pay agreed costs of £1,417.50. Proceedings against the First Respondent were adjourned.

Duties found breached:

• Proper basis for allegations
• Handle inadvertently received material
• Safeguard documents and limit liens
• AML and crime-prevention compliance

Aggravating factors:

• Almost 30 years of legal and conveyancing experience
• Multiple transactions affected involving substantial mortgage advances
• Transactions bore hallmarks of mortgage fraud including third-party funding, sub-sales, undisclosed price reductions and unsupported self-certified income

Mitigating factors:

• No previous disciplinary matters
• Suffered a near-fatal heart attack and found the proceedings very stressful
• Continued to work handling around 300 conveyancing transactions since without complaint
• No complaints made by mortgage lenders involved