Robert Alan Downie

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

Robert Alan Downie, sole equity owner of Bathurst Brown & Downie LLP, faced five allegations of misconduct involving improper handling of client money. He made 22 improper round sum transfers totalling up to £193,210 from client to office account, caused an improper payment of £204,217.97 creating a cash shortage, failed to pay SDLT for two clients, failed to distribute full sale proceeds, and failed to appoint a COLP/COFA. The Tribunal found all allegations proved, including an express finding of dishonesty on allegation 1.1 (applying the Ivey test), and found lack of integrity and recklessness. The Respondent did not attend but admitted all allegations except dishonesty and accepted he would be struck off. The Tribunal ordered him struck off the Roll and to pay costs of £26,358.80.

Duties found breached:

• Non-discriminatory acceptance and cab-rank
• No conflict between current clients

Aggravating factors:

• Dishonesty found proved (denied but no explanation offered)
• Repeated round sum transfers over a three-month period
• Conduct deliberate, calculated and planned
• Breach of position of trust as executor and trustee of the D estate
• Failure to cooperate with the SRA investigation and non-compliance with production notices
• Direct benefit as sole equity owner of the firm
• Harm to clients and to the reputation of the profession
• Teeming and lading pattern with client money

Mitigating factors:

• No previous disciplinary matters before the Tribunal
• Partial admissions in general terms