A solicitor faced penalties for conflicts of interest in conveyancing.
- Mark Westwood, the solicitor, failed to disclose personal relationships in transactions.
- The Solicitors Disciplinary Tribunal imposed significant fines on Mr Westwood.
- Investigation revealed breaches of the Lender’s Handbook requirements.
- Despite errors, no dishonesty was found and remorse was shown.
A solicitor was subjected to disciplinary action for engaging in conveyancing transactions with conflicts of interest. Mark Robert Westwood was fined £12,500 for not disclosing his roles properly while acting for both lenders and himself or his family members in property deals.
The Solicitors Disciplinary Tribunal recognised that Mr Westwood had made considerable mistakes in handling transactions where he had a personal interest. However, it was noted that his actions, although improper, did not involve dishonesty. Mr Westwood expressed genuine remorse and acknowledged his oversights, demonstrating an understanding of his failure to adhere to professional standards.
According to the tribunal, Mr Westwood admitted to handling five conveyancing cases over four years that involved either actual conflicts of interest or the potential for such conflicts. Importantly, he failed to inform the lenders about his relationships to the borrower involved, who was either himself or a close family member.
The breach came to light when Clydesdale Bank raised concerns in November 2021 about a certificate of title related to a property transaction. The bank highlighted that Mr Westwood’s direct involvement as a borrower in one transaction violated their instructions and the standard rules of conveyancing, presenting a significant conflict of interest.
The Solicitors Regulation Authority initiated an investigation in May 2022, uncovering several instances where Mr Westwood had acted for himself or family members while representing the lender client as well. Of the eight cases identified, documents for two had been destroyed, leaving five to substantiate the claims against him.
Mr Westwood’s professional journey includes a tenure at Cavendish Legal Group, from which he transitioned to O’Neill Patient Solicitors after their acquisition of the former firm. He continued to provide consultancy services there until his employment ended in January 2022. Currently, Mr Westwood operates as a consultant at Engleharts.
In response to the tribunal’s conclusions, steps have been taken to remedy these professional lapses. Mr Westwood has attended courses aiming to better understand and comply with lender requirements, indicating a proactive approach to rectifying his professional conduct.
The tribunal’s decision reflects a balance between recognising significant errors and acknowledging the absence of malicious intent.
