Tribunal orders strike-off after findings of dishonesty in the lender and PII matters
The Solicitors Disciplinary Tribunal has ordered that Malcolm John Colin Mackillop be struck off the Roll of Solicitors following findings of dishonesty in relation to a mortgage lender and his firm’s professional indemnity insurance.
The judgment, issued in Case No. 12769-2025, followed an agreed outcome between the Solicitors Regulation Authority (SRA) and Mr Mackillop. The hearing took place on 20 January 2026 before a panel chaired by Mr U Sheikh, with Ms T Cullen and Dr A Richards.
Mr Mackillop, who was admitted to the Roll in May 1975, practised at Archdeacon Russell & Co, a recognised sole practice. At the relevant time, he was the firm’s manager, Compliance Officer for Legal Practice (COLP) and Compliance Officer for Finance and Administration (COFA). He held a practising certificate free from conditions.
The first allegation concerned a conveyancing transaction in 2021. Acting for a purchaser and for Santander as lender, Mr. Mackillop completed the property purchase on 15 October 2021 without having secured the mortgage funds. On 8 December 2021, he informed Santander that completion was to take place on 15 December 2021 and submitted a Certificate of Title in which the completion date had been altered. The lender later confirmed it had not been told that completion had already occurred.
The second allegation related to the firm’s professional indemnity insurance renewal for 2023/2024. Although notified in January 2023 that the SRA had commenced a forensic investigation into the firm, Mr Mackillop answered “No” to a proposal form question asking whether the firm had been subject to any visit or enquiry by the SRA’s Forensic Investigation Unit. He later accepted that the correct answer should have been “Yes” and acknowledged that he had not informed the insurer of the investigation.
Mr Mackillop admitted both allegations, including dishonesty. The Tribunal considered the Guidance Note on Sanctions (11th edition, February 2025) and the authority of SRA v Sharma [2010] EWHC 2022 (Admin), which establishes that findings of dishonesty will almost invariably result in strike-off absent exceptional circumstances.
The Tribunal determined that the misconduct was serious and at the highest level. It found that Mr Mackillop had acted dishonestly, engaged in deliberate misconduct and sought to conceal wrongdoing. It concluded that there were no exceptional circumstances justifying a lesser sanction.
Accordingly, the Tribunal ordered that Mr Mackillop be struck off the Roll of Solicitors. It also ordered him to pay the SRA’s agreed costs of £14,923.03.
The order was dated 2 February 2026 and signed on behalf of the Tribunal by Mr. U Sheikh, Chair.