Disciplinary Record - Duncan Stackhouse

Decision - Employee-related decision

Outcome: Approval of employment (section 43)

Outcome date: 15 April 2021

Published date: 22 August 2022

Firm details

Firm or organisation at time of matters giving rise to outcome

Name: Broadgate Legal

Address(es): Longcroft House, 2/8 Victoria Avenue, London, EC2M 4NS

Firm ID: 524077

Firm or organisation at date of publication

Name: BMD Law Ltd

Address(es): 111 High Street, Wavertree Liverpool L15 8JS

Firm ID: 670859

Outcome details

This outcome was reached by SRA decision.

Decision details

BMD Law Ltd have been granted permission under Section 43 of the Solicitors Act 1974 to employ Mr Duncan Stackhouse as a senior litigation executive, subject to the following conditions:

1. Mr Stackhouse’s work will be directly supervised by Mr Reilly, or in his absence by Mr McCrudden.
2. Mr Stackhouse’s responsibilities at BMD Law Ltd are limited to those outlined in the firm's signed Section 43 Approval of Employment form of 28 October 2020 and Mr Reilly's additional email of 9 March 2021.
3. Mr Stackhouse's supervision is as per the details provided in the firm’s signed Section 43 Approval of Employment form of 28 October 2020 and Mr Reilly's additional email of 9 March 2021.
4. Mr Stackhouse shall not have any responsibility for or be involved in the training or supervision of any other employee at BMD Law Ltd.
5. The SRA is notified of any proposed variation to Mr Stackhouse’s job description, duties or supervision arrangements in advance of it taking place. That variation must not take place until permission is granted by the SRA.
6. This approval will lapse if Mr Stackhouse’s employment with BMD Law Ltd is terminated.
7. This approval and the conditions attached to it are subject to review at the absolute discretion of the SRA.

Reasons/basis

Duncan Stackhouse was made subject to an order under section 43 of the Solicitors Act 1974 on 4 June 2019. In accordance with section 43 of the Solicitors Act 1974, any solicitor wishing to employ or remunerate him in connection with their practise as a solicitor must obtain our approval.

The SRA is satisfied that the above employment will not put public confidence in the administration of justice and the provision of legal services or the interests of clients at risk.

Decision - Employee-related decision

Outcome: Control of non-qualified staff (Section 43 / Section 99 order)

Outcome date: 4 June 2019

Published date: 10 June 2019

Firm details

Firm or organisation at time of matters giving rise to outcome

Name: Broadgate Legal

Address(es): Longcroft House, 2/8 Victoria Avenue, London, EC2M 4NS

Firm ID: 524077

Outcome details

This outcome was reached by SRA decision.

Decision details

Duncan Stackhouse who is not a solicitor, was employed as a senior litigation executive by Broadgate Legal whose head office is at 30 Crown Place London EC2A 4EB between 1 July 2015 and 8 October 2017 when he resigned. During his time at Broadgate Legal Mr Stackhouse requested four court fees totalling £1,415 from the firm payable to his consultancy company. He did not pay these fees to the court, nor did he send the money back to the firm. The firm had to pay the required fees again and submit the relevant applications to the court. Page 19 of 20 Official sensitive

Broadgate Legal initiated disciplinary proceedings against Mr Stackhouse. Before the meeting could be heard, Mr Stackhouse resigned. Broadgate Legal reported the matter to the SRA and the police. Mr Stackhouse is not currently employed by an SRA regulated practice.

Mr Stackhouse was found to have been dishonest and breached Principles 2, 4, 5 and 6 of the SRA Principles 2011.

Mr Stackhouse was made subject to an order pursuant to section 43(2) of the Solicitors Act 1974. He was also given a written rebuke and ordered to pay costs of £850 (which include appeal costs fixed at £250).

Reasons/basis

In the matter of:

Duncan Stackhouse, a person who is or was involved in legal practice but is not a solicitor, is now subject to section 43 Solicitors Act 1974.

The Facts:

Duncan Stackhouse who is not a solicitor, was employed as a senior litigation executive by Broadgate Legal whose head office is at 30 Crown Place London EC2A 4EB between 1 July 2015 and 8 October 2017 when he resigned.

During his time at Broadgate Legal, Mr Stackhouse requested four court fees totalling £1,415 from the firm payable to his consultancy company. He did not pay these fees to the court, nor did he send the money back to the firm. The firm had to pay the required fees again and submit the relevant applications to the court.

Broadgate Legal initiated disciplinary proceedings against Mr Stackhouse. Before the meeting could be heard, Mr Stackhouse resigned. Broadgate Legal reported the matter to the SRA and the police. Mr Stackhouse is not currently employed by an SRA regulated practice.

Mr Stackhouse was found to have been dishonest and breached Principles 2, 4, 5 and 6 of the SRA Principles 2011.

FINDING

Mr Stackhouse, who is not a solicitor, was involved in a legal practice and has occasioned or been a party to an act or default which involved such conduct on his part that it is undesirable for him to be involved in a legal practice in any of the ways described in the order below.

ORDER

To make a section 43 order that with effect from the date of the letter or email notifying Duncan Stackhouse of this decision:

1. no solicitor shall employ or remunerate him in connection with his/her practice as a solicitor;
2. no employee of a solicitor shall employ or remunerate him in connection with the solicitor’s practice;
3. no recognised body shall employ or remunerate him;
4. no manager or employee of a recognised body shall employ or remunerate him in connection with the business of that body;
5. no recognised body or manager or employee of such a body shall permit him to be a manager of the body; and
6. no recognised body or manager or employee of such a body shall permit him to have an interest in the body except in accordance with a Society permission.