Disciplinary Record - Anthony Burns

Decision - Prosecution

Outcome: Referral to Solicitors Disciplinary Tribunal

Outcome date: 25 May 2024

Published date: 7 November 2024

Firm details

Firm or organisation at date of publication and at time of matters giving rise to outcome

Name: Mawdsleys

Address(es): 152 Lord Street, Southport PR9 0QB

Firm ID: 571085

Outcome details

This outcome was reached by SRA decision.

Reasons/basis

This notification relates to a Decision to prosecute before the Solicitors Disciplinary Tribunal.  This is an independent Tribunal which will reach its own decision after considering all the evidence, including any evidence put forward by the Solicitor.  The Tribunal has certified that there is a case to answer in respect of allegations which are or include that, while in practice as a solicitor at Mawdsleys, he; 

1. Failed to comply with the final decision of the Legal Ombudsman dated 13 October 2017, requiring the Legal Services Ombudsman to obtain a court order to enforce its decision. 
   In particular, he:
   1. Did not pay the compensation ordered by the Legal Ombudsman until August 2022;
   2. Did not confirm in writing the final balance of any investments forming the relevant trust funds or confirm a date on which these will be released until 26 April 2023; and
   3. Did not release the funds until 26 April 2023. 
2. Failed to comply with the court order obtained by the Legal Services Ombudsman from Liverpool County Court dated 4 January 2023 in a timely manner, in that he did not:
   1. Confirm in writing the final balance of any investments forming the relevant trust funds or confirm a date on which these will be released until 26 April 2023; and
   2. Release the funds until 26 April 2023.  

The allegations are subject to a Hearing before the Solicitors Disciplinary Tribunal and are as yet unproven. 

Decision - Closure

Outcome: Intervention

Outcome date: 8 August 2024

Published date: 13 August 2024

Firm details

Firm or organisation at date of publication and at time of matters giving rise to outcome

Name: Mawdsleys

Address(es): 152 Lord Street, Southport, PR9 0QB

Firm ID: 571085

Outcome details

This outcome was reached by SRA decision.

Decision details

To intervene into Mr Burns' practice at Mawdsleys.

Reasons/basis

• There is reason to suspect dishonesty on the part of Anthony Burns in connection with his practice at the firm - paragraph 1(1)(a)(i) of Schedule 1 to the Solicitors Act 1974 (as amended).
• Anthony Burns has failed to comply with the rules made under sections 31 and 32 of the Solicitors Act 1974 (as amended) - paragraph 1(1)(c) of Schedule 1 to the Act.

Intervening agents

John Owen of Gordons LLP, 1 New Augustus Street, Bradford, BD1 5LL has been appointed as the intervening agent.

For enquiries please call 0113 227 0396 or email Intervention@gordonsllp.com

Decision - Fined

Outcome: Fine

Outcome date: 24 June 2022

Published date: 1 July 2022

Firm details

Firm or organisation at date of publication and at time of matters giving rise to outcome

Name: Mawdsleys

Address(es): 152 Lord Street, Southport, PR9 0QB, England

Firm ID: 571085

Outcome details

This outcome was reached by SRA decision.

Decision details

Financial penalty and costs

Reasons/basis

Anthony Burns is a solicitor and practised as the recognised sole practitioner of Mawdsleys Solicitors whose head office is at 152 Lord Street, Southport, Merseyside, PR9 0QB, England.

It was found that Mr Burns:

1. Failed to comply with a decision of the Legal Ombudsman dated 6 January 2021 which required him to pay £3,232.57 to a former client. He failed to comply with this decision for over 12 months and his conduct in this regard breached principle 2 of the SRA Principles 2019 and paragraph 7.3 of the Code of Conduct for Solicitors, RELs and RFLs.
2. Failed to respond to requests from the Legal Ombudsman for explanations and information during the course of its investigation. His conduct in this regard breached principle 2 of the SRA Principles 2019 and paragraph 7.3 of the Code of Conduct for Solicitors, RELs and RFLs.
3. Failed to respond to requests from the SRA for explanations and information during the course of its investigation. His conduct in this regard breached paragraphs 7.3 and 7.4 of the Code of Conduct for Solicitors, RELs and RFLs.

Mr Burns was issued with a £2,000 financial penalty and was ordered to pay the SRA’s costs of £1,350 in investigating this matter.

SRA Principle 2: You act in a way that upholds public trust and confidence in the solicitors' profession and in legal services provided by authorised persons.

Paragraph 7.3: You cooperate with the SRA, other regulators, ombudsmen, and those bodies with a role overseeing and supervising the delivery of, or investigating concerns in relation to, legal services.

Paragraph 7.4: You respond promptly to the SRA and:

1. provide full and accurate explanations, information and documentation in response to any requests or requirements; and
2. ensure that relevant information which is held by you, or by third parties carrying out functions on your behalf which are critical to the delivery of your legal services, is available for inspection by the SRA.