Decision record
Philip John Burbidge
Allegation / charges
Breaches, Code of Conduct 2011, Dishonesty, Lack of Integrity, SRA Principles 2011
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Philip John Burbidge, a consultant solicitor at Battens Solicitors, was found to have dishonestly told clients in a letter dated 4 November 2016 that pre-action protocol letters had been sent to three defendants when they had not (proved with dishonesty, breaching Principles 2 and 6). He also recklessly failed to comply with Consent and Unless Orders in a construction dispute, leading to his clients' claims being struck out and adverse costs orders, and failed to seek client instructions, including notifying clients of a without prejudice costs offer a day after it expired. The Tribunal found high culpability and harm, no exceptional circumstances, and struck him off the roll. He did not engage with proceedings. Costs of £16,624.56 were ordered.
Duties found breached:
- Integrity
- Uphold public trust in the profession
- Act in the client's best interests
- Non-discriminatory acceptance and cab-rank
Aggravating factors:
- Dishonesty found
- Misconduct persisted over a period approaching 2 years
- Conduct indicative of concealment
- No genuine insight demonstrated
- Failure to cooperate with the Regulator
- Harm to clients who faced unexpected costs orders
Mitigating factors:
- No previous disciplinary findings
Codes & rules applied
Duties engaged
- Honesty
- Integrity
- No bribery or improper gifts
- Personal probity and fitness to practise
- Uphold public trust in the profession
- No unlawful discrimination or harassment
- Act in the client's best interests
- Protect legal professional privilege
- Keep client informed and respond promptly
- Non-discriminatory acceptance and cab-rank
- Hold a current practising certificate