Clinch, Andrew Paul—366890

Decisions

To view a decision against this individual, click one of the decisions below.

Closure—24 May 2017

Prosecution—26 May 2016


Decision - closure

Outcome: Intervention (Help for clients)

Outcome date: 24 May 2017

Published date: 24 May 2017

Firm details

Firm or organisation at date of publication

Name: Clinch Solicitors Limited

Address(es):

Citibase, 40 Princess Street, Manchester, M1 6DE

Firm ID: 598975

Outcome details

This outcome was reached by SRA decision.

Decision details

Decision to intervene into practice

Reasons/basis

The Adjudication Panel is satisfied that there is reason to suspect dishonesty on the part of Andrew Clinch (paragraph 1(1)(a)(i) of Schedule 1 to the Solicitors Act 1974 (as amended));

The Adjudication Panel is satisfied that it is necessary to intervene to protect the interests of clients and former clients of Andrew Clinch (paragraph 1(1)(m) of Schedule 1 to the Solicitors Act 1974 (as amended));

The Adjudication Panel is satisfied that Andrew Clinch has breached the SRA Priniciples 2011 (paragraph 1(1)(c) of Schedule 1 to the Solicitors Act 1974 (as amended)).

Intervening agents

Marion Vesey of Shacklocks LLP, St Peter's House, Bridge Street, Mansfield, NG18 1AL has been appointed as the intervening agent. For enquiries please call 01623 423073 or email interventionclinch@shacklocks.co.uk.

Help and more information

Decision - prosecution

Outcome: Referral to Solicitors Disciplinary Tribunal

Outcome date: 26 May 2016

Published date: 4 January 2017

Firm details

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

Name: Clinch Solicitors

Address(es):Barnett House, 53 Fountain Street, Manchester, Lancashire M2 2AN

Firm ID: 598975

Outcome details

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:

1. He facilitated, permitted or acquiesced in personal injury claims being intimated and pursued in circumstances where the purported client(s); a) had not returned signed client retainers, signed conditional fee agreements (“CFA’s”), or any other written confirmation of instructions stating they wished the firm to act on their behalf; and/or b) had notified the firm they did not wish to pursue a personal injury claim.

2. He made representations, in the alternative permitted, facilitated or acquiesced in representations being made, to Third Party Insurers (“TPI”) which were inaccurate and misleading.

3. He paid prohibited referral fees in a manner which contravened Section 56 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (“LAPSO”).

4. He failed to produce to the SRA upon request, records and management information to demonstrate that payments made to an introducer(s) were not prohibited referral fees.

5. He failed to ensure that agreements with introducers were in writing.

6. He failed to inform clients of any financial or other interest which an introducer(s) had in referring them to his firm.

7. He failed to ensure adequately, or at all, that employees were properly supervised and trained.

8. He paid money into client bank account which was not client money.

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

Help and more information