Alexander
Mullen
Employee
817312
Decision - Employee-related decision
Outcome: Control of non-qualified staff (Section 43 / Section 99 order)
Outcome date: 10 September 2023
Published date: 11 October 2023
Firm details
Firm or organisation at time of matters giving rise to outcome
Name: Carpenters Limited
Address(es): Leonard House, Scotts Quays, Birkenhead, CH41 1FB
Firm ID: 625845
Outcome details
This outcome was reached by SRA decision.
Decision details
Summary of decision
The SRA has disqualified Mr Mullen with immediate effect from holding any of the following roles in law firms regulated by the SRA:
- Head of Legal Practice
- Head of Finance and Administration
- A manager
- An employee.
Reasons/basis
The facts of the case
Mr Mullen, who is not a solicitor, was employed by Carpenters Limited of Leonard House, Scotts Quays, Birkenhead, CH41 1FB between 23 July 2012 and December 2020.
Mr Mullen acted on behalf of a claimant in relation to a road traffic accident matter. On or about 12 June 2020, Mr Mullen filed (or caused to be filed) with the court and purported to serve on the defendants a claim form that was supported by particulars of claim and medical evidence. The particulars of claim was verified by a statement of truth signed by Mr Mullen.
Mr Mullen did this even though his client, the claimant, had not seen a copy of the particulars of claim and had not approved and had previously raised issues with an expert report relied upon.
In doing so, it was found that Mr Mullen breached Principles 2, 4 and 5 of the SRA Principles 2019. He was found to have been dishonest.
Other information
Our decision on sanction
Mr Mullen’s conduct breached relevant duties that applied to him as an employee of the firm, namely SRA Principles 2, 4 and 5 (2019).
It was found that it would be undesirable for him to act as a head of legal practice, head of finance and administration, a manager or an employee of a body licensed in accordance with section 99 of the Legal Services Act 2007.
Mr Mullen was disqualified from holding any of these roles.
Mr Mullen was also ordered to pay the SRA’s costs of £1,360.
Principle 2 You act in a way that upholds public trust and
confidence in the solicitors' profession and in legal services provided by authorised persons.
Principle 4 You act with honesty
Principle 5 You act with integrity