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Madden , Peter Howard - 084814

Decisions

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

Decision - prosecution

Outcome: Referral to Solicitors Disciplinary Tribunal

Outcome date: 17 May 2011

Published date: 24 May 2012

Firm details

Firm or organisation at time of matters giving rise to outcome

Name: Addison Madden

Address(es):
Pendower House, Cumberland Business Centre, Northumberland Road, Southsea, Hampshire

Firm ID: 045977

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.

The matter was heard on 13 November 2013.

 Mr Madden agreed to an undertaking not to apply for a Practising Certificate in future.

A full copy of the Judgment will be available at www.solicitorstribunal.org.uk.

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Decision - agreement

Outcome: Regulatory settlement agreement

Outcome date: 13 October 2011

Published date: 2 November 2011

Firm details

Firm or organisation at time of matters giving rise to outcome

Name: Addison Madden

Address(es):
Pendower House, Cumberland Business Centre, Northumberland Road, Southsea, Hampshire, PO5 1DS

Firm ID: 45977

Outcome details

This outcome was reached by agreement.

Reasons/basis

Peter Howard Madden

REGULATORY SETTLEMENT AGREEMENT

  • Peter Howard Madden (not currently practising) formerly of Addison Madden of Pendower House, Portsmouth (which firm ceased 30 September 2009) agrees to the following outcome of the investigation into his professional conduct under reference REG/45574-2009.

Background

  • 1. On 27 October 2008 the Forensic Investigation department of the Solicitors Regulation Authority ("SRA") carried out an inspection of the Firm and produced a Report dated 1 December 2009 ("the Report").
  • 2. Mr Madden had been in partnership with Mr Younghusband for 30 years prior to the partnership being dissolved on 31 October 2004. Mr Younghusband ceased to be a partner because he wished to continue to be engaged in private mortgage work. Following the dissolution Mr Younghusband continued to work from the solicitor's premises as a Notary Public, and was contracted to provide legal services to Mr Madden's practice. Mr Younghusband remained on the Roll and used the firm's staff to provide financial, administrative and secretarial support to his notarial practice.
  • 3. The Report identified that:
    • Mr Madden had remunerated Mr Younghusband in respect of the provision of legal services to the Firm at a time when Mr Younghusband did not have a current practising certificate in force; and
    • Mr Madden did not make clear to clients of the solicitor's firm that Mr Younghusband had his own notarial practice which was providing legal services to the solicitor's firm, and that he was not a solicitor of the firm.

Findings

  • 4. Peter Howard Madden makes, and the SRA accepts, the following admissions:-
    • a) He acted contrary to Rule 1 of the Solicitors' Practice Rules 1990, and/or Rule 1 of the Solicitors' Code of Conduct 2007, in that he entered into an arrangement to remunerate Mr Younghusband for the provision of legal services to the Firm at a time when Mr Younghusband did not have a current practising certificate in force; and
    • b) He failed to act in the best interests of clients contrary to Rule 1.04 of the Solicitors' Code of Conduct 2007 and/or Rule 1(c) of the Solicitors' Practice Rules 1990 by not making clear to clients and others such as other solicitors, Mr Younghusband's new status, so that both current clients and others would not be misled into believing that Mr Younghusband continued to be a solicitor with the firm.
  • 5. Mr Madden is severely reprimanded for the misconduct identified, and admitted to, above. The SRA agrees to this as a proportionate outcome in the circumstances.
  • 6. Mr Madden agrees that this outcome will be published by the SRA and that it may also be disclosed to any person upon request or otherwise.
  • 7. Mr Madden agrees that he will not act in any way inconsistent with this agreement by, for example, denying the misconduct admitted in paragraph 5 above.
  • 8. If any other terms of this agreement are not complied with, or if Mr Madden acts in any way inconsistently with this agreement, he accepts that the matter could be referred back to an Adjudicator for consideration, including referral to the Solicitors Disciplinary Tribunal on the original facts and allegations and on the basis that Mr Madden's failure to comply with the agreement constitutes a breach of Rule 1 of the Solicitors' Code of Conduct 2007.

Signed

David J Middleton
(for the Solicitors Regulation Authority)

Peter Howard Madden

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