Decision record
Mark Robert Westwood
Allegation / charges
Code of Conduct for Firms 2019, Code of Conduct for Solicitors, REL's & RFL's 2019, Lack of Integrity, SRA Principles 2011, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The Respondent, an experienced conveyancing solicitor, admitted acting in five conveyancing transactions between 2016 and 2020 involving an own interest conflict (where he or an immediate family member was the borrower) and failing to disclose that relationship to lender clients, contrary to the Lenders Handbook. He signed (or supervised the signing of) certificates of title certifying no such interest. The matter was resolved by agreed outcome on the papers. The SRA withdrew the denied breaches (Principle 2 of 2011 / Principle 5 of 2019) and the aggravating factor of recklessness. The Tribunal expressly noted there was no dishonesty. It imposed a fine of £12,500 (top end of Level 3) plus agreed costs of £19,670.
Duties found breached:
Aggravating factors:
- Experienced solicitor specialising in property law who should have known better
- Direct responsibility for the misconduct with a high level of culpability
- Signed certificates of title certifying the contrary to lenders
- Risk of harm to lender clients and harm to the reputation of the legal profession
Mitigating factors:
- No dishonesty; lack of integrity and recklessness allegations withdrawn
- Genuine remorse and insight with early open and frank admissions
- Full cooperation with the SRA throughout the investigation and proceedings
- Remedial steps taken including attending courses on Lenders Handbook and compliance
- No actual loss caused to anyone; genuine arm's length transactions
- Conduct limited to five matters out of ~2,500-3,000 transactions over ten years
- Historical conduct (2016-2020)
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
- Disclose material information to client
- Advise objectively, not a mere conduit
- Keep client informed and respond promptly
- No own-interest conflict
- No conflict between current clients
- Competence
- Diligence and timeliness