Skip to main content
discipline 3 October 2026
‹ Browse decisions

Decision record

Philip A Hirst, Steven Murdoch, John Fitzpatrick

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number8382/2001
Date01/01/2001
OutcomeStrike off

Allegation / charges

Breaches, Client Money, Failures, Solicitors' Accounts Rules, Others

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

SanctionStrike Off
Dishonesty foundYes

The Solicitors Disciplinary Tribunal heard allegations against three solicitors arising from OSS investigations into T I Clough & Co (Hirst and Murdoch's partnership) and Fitzpatrick's own practice. Hirst had deliberately transferred £254,989.35 from client to office account to keep the failing practice afloat and avoid bankruptcy; Murdoch acquiesced in this dishonest course. Fitzpatrick misappropriated client funds, mixed client money with his own in a business account, practised without authorisation, and failed to account for a £50,000 sum. Numerous conveyancing transactions bore hallmarks of mortgage fraud/money laundering with lenders not notified of material facts. Murdoch admitted all allegations including dishonesty and attended; Hirst and Fitzpatrick did not attend (adjournment applications refused). The Tribunal made express findings of dishonesty against all three and struck all three off the Roll. Costs of £21,974 were ordered jointly and severally against all three, with Fitzpatrick ordered to pay an additional £7,570.97 in Investigation Accountant's costs.

Duties found breached:

Aggravating factors:

  • Prior disciplinary findings against Hirst (1997 and 1998) and Fitzpatrick (1998)
  • Deliberate raiding of client account to meet liabilities
  • Fitzpatrick mixed client monies with his own and disregarded stewardship duties
  • Abuse of clients' funds - money held on trust treated as sacrosanct was misused
  • Failure to notify lenders of material facts in conveyancing transactions

Mitigating factors:

  • Murdoch admitted all allegations including dishonesty and cooperated fully
  • Murdoch attended and was represented; gave credit for realism and propriety
  • Client account was fully reimbursed and no loss to clients (per Murdoch's case)
  • Monies used for practice expenses rather than personal living (Murdoch)
  • Glowing testimonials for Murdoch's competence and integrity
  • Murdoch's role limited as he left day-to-day management to Hirst

⚠ figures not found verbatim in the source were dropped: ["unverified_costs_amount=29544.97"]

Duties engaged

Documents

Source: https://solicitorstribunal.org.uk/case/8382/