Mark Robert Westwood, a solicitor, has been fined £12,500 for acting in conveyancing transactions without disclosing conflicts of interest involving himself and family members.
The Solicitors Disciplinary Tribunal (SDT) recently dealt with the case of Mark Robert Westwood, who was found to have breached professional guidelines by acting on behalf of lenders in conveyancing deals while simultaneously representing himself and his family. This significant oversight violated the Lender’s Handbook requirements, which stipulate strict conduct guidelines to prevent conflicts of interest in such transactions.
Although Mr Westwood, admitted in 1985 and having served as a consultant for various legal groups, demonstrated remorse and insight into his failings, the SDT found his actions misguided, albeit not dishonest. The tribunal acknowledged the genuineness of the transactions involved, yet the failure to disclose material information regarding his relationship with the borrower party contradicted fundamental professional duties.
The case originated when Clydesdale Bank’s legal counsel flagged a breach, identifying that a certificate of title signed in October 2020 was unlawfully executed by Mr Westwood, one of the borrowers, without proper disclosure. This prompted an investigation by the Solicitors Regulation Authority (SRA) in May 2022, uncovering five instances over four years where conflicts of interest or the risk thereof were present.
Mr Westwood, having been a consultant with Cavendish Legal Group before its acquisition by O’Neill Patient Solicitors and later Engleharts, continued to work in such roles until early 2022. Despite his long-standing career, the inquiry revealed he opened files in his name as the fee-earner, without informing lender clients of personal ties to the borrowers involved, in breach of industry standards.
In mitigation, Mr Westwood asserted that no losses were incurred, nor advantages sought in these genuine property transactions. Despite this defence, the SDT required him to undertake courses to address his knowledge gaps regarding lender regulations and fined him alongside £19,670 in costs.
The outcome reflects the importance and expectation placed on solicitors to uphold duty and integrity, particularly where personal interests intersect with professional responsibilities.
The disciplinary actions against Mr Westwood underscore the essential adherence to ethical practices within the legal profession, emphasising transparency and avoidance of conflicts of interest.
