James Alun James & Jonathan Ure
JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number10202/2009
Date01/01/2009
OutcomeStrike off
Allegation / charges
Breaches, Failures
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
SanctionStrike Off
CostsGBP 12,500
Dishonesty foundNo
Two partners of Alun James & Co admitted failing to comply with four conveyancing undertakings and failing to comply promptly with an Uxbridge County Court disclosure order. The Tribunal expressly found no dishonesty was alleged or present, but the failures caused considerable disruption and showed reckless disregard for a court order. As this was their third appearance (and second for similar undertaking breaches) and prior fines had not deterred, a fine was inappropriate. Both were struck off to protect the public and the reputation of the profession, with £12,500 costs each on a joint and several basis, not enforceable without leave.
Duties found breached:
- Full disclosure on ex parte applications
- Non-discriminatory acceptance and cab-rank
- Advise on alternatives, settlement and outcome
- Honour professional undertakings
Aggravating factors:
- Third appearance before the Tribunal; second for very similar undertaking-related allegations
- Reckless disregard for a Court Order
- Multiple matters / multiple undertakings breached
- Undertakings remained unsatisfied; conduct likely to bring profession into serious disrepute
Mitigating factors:
- All allegations admitted
- Severe financial difficulties caused by downturn in conveyancing market; firm went into liquidation
- Errors partly caused by incorrect mortgagee redemption figures and an employee's miscalculation
- Respondents deeply ashamed and apologised
- Some 75 years combined legal experience and supervision available from Mr Bogan
- One undertaking eventually complied with; another being handled by insurers