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Kirkham, Michael John - 197037

Decisions

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

Decision - prosecution

Outcome: Prosecution

Outcome date: 2 February 2010

Published date: 28 September 2010

Firm details

Firm or organisation at time of matters giving rise to outcome

Name: Kirkham Edwards Solicitors

Address(es):
Bedford Place, 115 Bradshawgate, Leigh, Lancashire WN7 4ND

Firm ID: 312069

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 in respect of allegations which are or include :-

Failed to act with integrity and in a manner likely to diminish the trust the public places in him and in the legal profession

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

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Decision - control of practice

Outcome: Control

Outcome date: 9 February 2010

Published date: 11 March 2010

Firm details

Firm or organisation at date of publication

Name: Kirkham Edwards Solicitors

Address(es):
73 High Street, Newton Le- Willows, Merseyside WA12 9SL

Firm ID: 312069

Firm or organisation at time of matters giving rise to outcome

Name: Widdows Mason

Address(es):
20 King Street, Leigh, Lancashire, WN7 4LR

Firm ID: 78473

Outcome details

This outcome was reached by SRA decision.

Decision details

To grant Mr Michael John Kirkham a practising certificate for the practice year 2009/2010 subject to the following conditions:

1. He must ensure that a report is delivered to the Solicitors Regulation Authority with supporting evidence to show that:

1.1 each of the existing referral arrangements in force between the practice and third parties; and

1.2 any future referral arrangements entered into by the practice with a third party, complies fully with the requirements of Rules 2 & 9 of the Solicitors’ Code of Conduct 2007.

A report in relation to any existing arrangements is to be delivered within 3 months of the date of the letter notifying him of this decision; and that in relation to any future arrangements, is to be delivered within 3 months of the date of the relevant agreement.

2. He attends a course accredited by the Solicitors Regulation Authority on the referral of business and in particular Rules 2 & 9 of the Solicitors’ Code of Conduct 2007 within 6 months of the date of notification of this decision and provides notification of his attendance (in the form of a certificate or letter of attendance from the course provider) at such courses when he next applies for a practising certificate

Reasons/basis

The Adjudicator noted that following consideration of an Investment Business Report dated 23 June 2008 into Mr Kirkham’s former firm of Widdows Mason, findings were made of breaches in particular of the Solicitors’ Introduction and Referral Code 1990 and/or Rule 9 of the Solicitors’ Code of Conduct 2007. Mr Kirkwood was also informed that having been requested to provide an explanation in respect of a matter relating to his conduct he had failed to provide a response which was regarded as satisfactory. Accordingly Mr Kirkham was subject to Regulation 3.1 (b) SRA Practising Regulations 2009.

The Adjudicator considered the findings made against Mr Kirkham and his response dated 3 February 2010. I consider, in accordance with Regulation 6.1.(d) that it is in the public interest to require Mr Kirkham to take the specified steps set out above which will be conducive to the carrying on of efficient practice by Mr Kirkham. I consider that it is necessary and proportionate to make these steps a condition of Mr Kirkham’s practising certificate for the practice year 2009/2010.

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Decision - control of practice

Outcome: Condition

Outcome date: 15 March 2011

Published date: 14 April 2011

Firm details

Firm or organisation at date of publication

Name: Brown Turner Ross

Address(es):
Granite Building, 6 Stanley Street, Liverpool, Merseyside, L1 6AF

Firm ID: 491118

Firm or organisation at time of matters giving rise to outcome

Name: Kirkham Edwards Solicitors

Address(es):
73 High Street, Newton-Le-Willows, Merseyside, WA12 9SL

Firm ID: 520620

Outcome details

This outcome was reached by SRA decision.

Decision details

To grant Mr M J Kirkham a practising certificate for the practice year 2010/2011 subject to the following conditions:

  • 1.1 he is not a sole practitioner or sole director of recognised body;
  • 1.2 he is not a manager or owner of a recognised body where all the other managers or owners
    • 1.2.1 have less than 3 years experience practising as a lawyer in a firm regulated by the Solicitors Regulation Authority unless the arrangements have first been approved by the Solicitors Regulation Authority.
    • 1.2.2 are recognised bodies of which he is a sole director.
  • 1.3 Mr Kirkham shall immediately inform any actual or prospective employer, co-manager, or co-owner of these conditions and the reasons for their imposition.
  • 1.4 he does not hold, receive or have access to client monies and is not a signatory to any client or office account and does not have the power to authorise electronic payments or transfers from any client or office account.

Reasons/basis

 When imposing these conditions, the Authorised Officer had regard to regulation 6.1 (a) and (e) of the SRA Practising Regulations 2009.

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Decision - closure

Outcome: Intervention

Outcome date: 19 September 2011

Published date: 23 September 2011

Firm details

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

Name: Kirkham Edwards Solicitors

Address(es):
Bedford Place, 115 Bradshawgate, Leigh, WN7 4ND

Firm ID: 312069

Outcome details

This outcome was reached by SRA decision.

Reasons/basis

1. The Committee was satisfied that grounds for intervention existed under Paragraph 1(1)(d) of Part I of Schedule 1 Solicitors Act 1974 (as amended) namely that Mr Michael John Kirkham was adjudged bankrupt on 14th March 2011.

2. The Committee was satisfied that grounds for intervention existed under Paragraph 1(1)(m) of Part I of Schedule 1 of the Solicitors Act 1974 (as amended) namely that it is necessary to exercise the powers of intervention in order to protect the interests of clients (or former or potential clients) of Mr Michael John Kirkham or his firm or the interests of beneficiaries of any trust of which he is or was a trustee.  

Intervening agents

Neal Boland of Stephensons Solicitors LLP, 24 Lord Street, Leigh, Lancashire, WN7 1AB has been appointed as the intervening agent. For enquiries please call 01942 774081 or email nbo@stephensons.co.uk.

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