Decision record
Allen Hugh Cottell
Allegation / charges
Failures, Solicitors' Accounts Rules, Others
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Allen Hugh Cottell, a sole practitioner admitted in 1979, faced five allegations of conduct unbefitting a solicitor arising from three 1992 back-to-back conveyancing transactions in which he acted for both purchasers and the lender (Nationwide), failing to disclose material information and to investigate title. He also lied to a prospective employer (G solicitors) in March 2000 about ongoing SIF/OSS matters, failed to respond to OSS correspondence, and failed to deliver an accountant's report. Applying Royal Brunei Airlines v Tan, the Tribunal found dishonesty on allegations (i), (ii) and (iii). The Respondent did not appear. He was struck off the Roll and ordered to pay costs of £1,769.50.
Duties found breached:
- Proper basis for allegations
- Not mislead third parties or opponents
- Disclose material information to client
- Report serious misconduct of others
Aggravating factors:
- Involvement in a serious mortgage fraud where the Respondent's conduct allowed fraud to flourish
- Multiple clear features of possible mortgage fraud were ignored despite Law Society warning card
- Dishonesty in relation to G solicitors compounded earlier misconduct
- Financial detriment to lender client