Duncan Peter Burtwell

Decision - Employee-related decision

Outcome: Approval of employment (section 41)

Outcome date: 5 May 2022

Published date: 15 June 2022

Firm details

Firm or organisation at time of matters giving rise to outcome

Name: Scott-Moncrieff and Associates Limited

Address(es): Temple Chambers, Suite 2443-7 Temple Avenue, London, EC4Y 0HP

Firm ID: 596379

Firm or organisation at date of publication

Name: MK Law Solicitors Limited

Address(es): 50 High Street, Bromley, BR1 1EG

Firm ID: 550931

Outcome details

This outcome was reached by SRA decision.

Decision details

MK Law Solicitors Limited has been granted permission under section 41 of the Solicitors Act 1974 to employ Duncan Burtwell as a caseworker, subject to the following conditions:

1. Mr Burtwell’s work is at all times supervised by Daniel Rubinstein (SRA number 157744) and in his absence by Manisha Sampat Knights (SRA number 230084).
2. Mr Burtwell’s employment at MK Law Solicitors Limited is limited to that as described in:
• The approval of employment application form submitted on 4 April 2022.
• Additional information document from Manisha Sampat Knights dated 15 February 2022.
• Email from Manisha Sampat Knights dated 11 March 2022.
• Email from Manisha Sampat Knights dated 29 April 2022.
3. The supervision arrangements and job description as outlined in conditions 1) and 2) above may not be varied without our prior written approval.
4. Mr Burtwell will not have any responsibility for or be involved in the training or supervision of any other employee at MK Law Solicitors Limited.
5. This approval will lapse if Mr Burtwell’s employment with the firm is terminated.
6. This approval and the conditions attached to it are subject to review at the absolute discretion of the SRA.

In these conditions the terms are as defined in the SRA Glossary.

Reasons/basis

Duncan Burtwell was struck off the roll of solicitors on 30 March 2022. In accordance with section 41 of the Solicitors Act 1974, any solicitor wishing to employ or remunerate him in connection with their practise as a solicitor must obtain the SRA’s approval.

The SRA is satisfied that the above employment will not put public confidence in the administration of justice and the provision of legal services or the interests of clients at risk.

Decision - Prosecution

Outcome: Referral to Solicitors Disciplinary Tribunal

Outcome date: 14 September 2021

Published date: 7 March 2022

Firm details

Firm or organisation at time of matters giving rise to outcome

Name: Scott- Moncrieff and Associates Ltd

Address(es): Temple Chambers, Suite 244 3-7 Temple Avenue, London EC4Y 0HP

Firm ID: 596379

Outcome details

This outcome was reached by SRA decision.

Reasons/basis

Outcome of SDT Hearing

This notification relates to a Decision to prosecute before the Solicitors Disciplinary Tribunal. This is an independent Tribunal which reaches its own decision after considering all the evidence, including any evidence put forward by the Respondent. The Tribunal had certified that there was a case to answer.

On 30/03/22 the SDT considered and approved an Agreed Outcome.   

Mr. Burtwell was Struck Off the Roll.  

The SDT judgment will be available at  www.solicitorstribunal.org.uk

Decision - Control of practice

Outcome: Condition

Outcome date: 16 November 2021

Published date: 13 December 2021

Firm details

Firm or organisation at time of matters giving rise to outcome

Name: Scott-Moncrieff & Associates Limited

Address(es): Temple Chambers, Suite 244 3-7 Temple Avenue, London, EC4Y 0HP

Firm ID: 596379

Firm or organisation at date of publication

Name: MK Law Solicitors Ltd

Address(es): 50 High Street, Bromley, BR1 1EG

Firm ID: 550931

Outcome details

This outcome was reached by SRA decision.

Decision details

Mr Duncan Burtwell’s 2021/2022 practising certificate is subject to the following conditions:

1. Mr Burtwell shall not act as a manager or owner of an authorised body.
2. Subject to condition 1, Mr Burtwell shall act as a solicitor, only as an employee where the role has first been approved by the Solicitors Regulation Authority.
3. Mr Burtwell may not act as a compliance officer for legal practice (COLP) or compliance officer for finance and administration (COFA) for any authorised body. In these conditions the terms are as defined in the SRA Glossary

Reasons/basis

The above conditions are necessary in the public interest and reasonable and proportionate having regard to the purposes set out in Regulation 7 of the SRA Authorisation of Individuals Regulations and the regulatory objectives and principles governing regulatory activities as contained in section 28 of the Legal Services Act 2007.