Date
14 October 2021
Sanction
Indefinite exclusion
In accordance with Rule 30(5)(iv) of the CILEx Regulation Enforcement Rules, the Tribunal ordered an immediate exclusion from membership of CILEx with a direction that no application for readmission shall be entertained for a minimum of 10 years from the date of the Tribunal’s decision.
Details of conduct / charges
Three charges of misconduct against Alan Blacker were referred to the Disciplinary Tribunal as follows:
Charge 1
Alan Blacker failed to behave with honesty and integrity.
Contrary to Principle 3, Outcome 3.2 of the CILEx Code of Conduct 2015
Charge 2
Alan Blacker failed to maintain high standards of professional and personal conduct and justify public trust in himself, his profession, and the provision of legal services.
Contrary to Principle 2, Outcome 2.2 of the CILEx Code of Conduct 2015
Charge 3
Alan Blacker failed to comply with his legal and regulatory obligations and deal with his regulator openly, promptly and co-operatively
Contrary to Principle 4, outcomes 4.1 and 4.2 of the CILEx Code of Conduct 2015
In that between October 2020 and August 2021, Alan Blacker pursued a course of conduct during which he misled or attempted to mislead CILEX and/or CILEx Regulation, namely by failing to comply with his duty to disclose, in writing, to CILEx Regulation conduct required to be disclosed in accordance with Rules 11 and 12 of the CILEx Regulation Enforcement Rules 2019 and 2020.
In his application for CILEX membership in October 2020, Mr Blacker failed to disclose that he had been struck off the roll of solicitors in 2016, made bankrupt in 2018, convicted in 2019 of dishonestly making a false statement contrary to section 111A(1)(a) of the Social Security Administration Act 1992 and removed from being a trustee or being concerned with the management of or control of a charity. He failed again to disclose the said conduct on 22 July 2021 and 11 August 2021 in his applications for CILEX practice rights.
Outcome
The Disciplinary Tribunal found all charges proved on a balance of probabilities.
