Tribunal removed solicitor Alan Douglas Cockburn from the roll in 2013 and ordered to pay £30,000 costs
A solicitor has been struck off the roll after the Solicitors Disciplinary Tribunal found multiple serious breaches arising from his handling of commercial property transactions. Alan Douglas Cockburn was removed from the profession following a hearing held on 17 September 2013, after being found to have failed to disclose key information to a lender, acted in conflicts of interest, and signed inaccurate certificates of title.
The Tribunal heard that Mr Cockburn, admitted as a solicitor in 1983, was a partner and later a member of Megsons Solicitors LLP, based in Oldham and Bradford, when the misconduct occurred. The case stemmed from a 2010 investigation by the Solicitors Regulation Authority (SRA), which began with an inspection of the firm’s accounts. Although no breaches of the Solicitors’ Accounts Rules were found, investigators uncovered irregularities in conveyancing files relating to property transactions involving one client, referred to as Mr AM, the brother-in-law of one of the firm’s partners.
The investigation revealed that in several property deals, including those concerning 47 E Street and 32/34 C Street in Manchester, Mr Cockburn acted for the seller, the buyer, and the lender, Yorkshire Bank, without disclosing the conflict in writing. The SRA also found that mortgage advances from the bank were not used for their intended purpose, but were instead transferred to other client accounts connected to the purchaser’s associates.
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The Tribunal heard that Mr Cockburn had signed unqualified certificates of title to the bank, asserting that he was not acting for the seller and that all relevant matters would be disclosed. However, he failed to report crucial facts such as the relationship between buyer and seller, the deferred nature of payments, and how the mortgage monies were used.
In another case involving 46 and 48 W Road, an email written by Mr Cockburn suggested how to conceal a back-to-back sale from the bank by stating a purchase price consistent with the property’s valuation. The Tribunal said this illustrated a “wholly cavalier approach” to professional obligations and constituted serious misconduct.
During the hearing, Mr Cockburn’s counsel argued that he had acted under the belief that the bank’s relationship manager was aware of the arrangements and that there had been no dishonesty or intent to cause loss. It was also said that the solicitor had been misled by a client later found to be involved in fraudulent property dealings. However, the Tribunal found that Mr Cockburn bore personal responsibility for the failures and had breached his duties of integrity, independence, and trust.
The Tribunal ruled that Mr Cockburn’s behaviour had diminished public confidence in the profession and amounted to one of the most serious forms of misconduct short of dishonesty. It rejected arguments that the failures were administrative or that the relationship manager’s knowledge excused the lack of formal disclosure.
Although the Tribunal acknowledged that the solicitor had admitted the allegations at the final hearing, it noted that the admissions came late and that no written statement had been submitted in advance. It also took into account that he had been subject to a previous disciplinary finding in 2009, where he was fined £7,500 and ordered to pay costs of £21,000 for separate breaches involving undertakings.
In determining sanction, the Tribunal concluded that the only appropriate outcome was to strike him off the Roll of Solicitors, noting that the seriousness of the breaches and the harm caused left no lesser penalty sufficient to protect the public or uphold confidence in the profession.
Mr Cockburn was ordered to pay £30,000 in costs, a reduced figure from the SRA’s original claim of over £40,000. The Tribunal noted that he would be able to meet the payment from his pension fund when it became accessible later that year.
A later appeal lodged with the High Court was subsequently withdrawn.