Lewsis
Duncan
Employee
7823293
Decision - Employee-related decision
Outcome: Control of non-qualified staff (Section 43 / Section 99 order)
Outcome date: 15 June 2026
Published date: 25 August 2026
Firm details
Firm or organisation at time of matters giving rise to outcome
Name: Ashurst LLP
Address(es): 1 Duval Square London Fruit and Wool Exchange, London, E1 6PW
Firm ID: 468653
Outcome details
This outcome was reached by SRA decision.
Decision details
Summary of decision
The SRA has put restrictions on where and how Mr Duncan can work in an SRA regulated firm. It was found that Mr Duncan: acted dishonestly in that on or around 5 February 2024, without the firm's consent, removed one of the firm's laptops from its Glasgow office, took it to his residential address for his own use and failed to return it.
The facts of the case
Mr Duncan was employed by the firm as an IT service desk analyst based in the firm's Glasgow office from 3 April 2023 until he was summarily dismissed on 24 April 2024.
On 23 February 2024, the firm discovered there were laptops missing from its Glasgow IT storeroom. It carried out stock record checks which identified that one of those laptops was unaccounted for and no longer in the Glasgow IT storeroom.
The firm used laptop security software which remained on a laptop even if it was wiped and re-imaged ready for re-use. This enabled the firm to track the location of the missing laptop.
The firm's IT team linked the missing laptop to Mr Duncan's home address. It identified that the laptop was connected to an IP address and Wi-Fi network used by Mr Duncan when working from home on his firm issued laptop.
The firm's records showed that the missing laptop was checked into the firm's Glasgow IT storeroom on 2 November 2023. It was next located at Mr Duncan's home address on 5 February 2024. While the laptop was still missing, the firm identified that it was located at another address on 14 March 2024.
On 15 March 2024, the firm used its technology to remotely lock the missing laptop and render it unusable. The technology operated so that when the laptop was turned on the 'finder' would see a message asking them to call the firm's IT helpdesk. The firm said it had not received any such calls.
The firm held fact-finding meetings followed by a disciplinary hearing with Mr Duncan. On 25 April 2024, the firm notified Mr Duncan that the outcome of its disciplinary hearing was that it identified the missing laptop was logged on to his private Wi-Fi at his home address and that he took the laptop. The firm found
Mr Duncan guilty of serious misconduct, summarily dismissed him with effect from 24 April 2024 and reported his conduct to the SRA.
Decision on outcome
An order pursuant to section 43(2) of the Solicitors Act 1974 was made as Mr Duncan's conduct meant that it was undesirable for him to be involved in legal practice without the SRA's prior approval.
This was because of the serious nature of his conduct which was dishonest.
Mr Duncan was also ordered to pay the SRA's costs of £600.
What our Section 43 order means
- no solicitor shall employ or remunerate him in connection with his/her practice as a solicitor;
- no employee of a solicitor shall employ or remunerate him in connection with the solicitor's practice;
- no recognised body shall employ or remunerate him:
- no manager or employee of a recognised body shall employ or remunerate him in connection with the business of that body;
- no recognised body or manager or employee of such a body shall permit him to be a manager of the body; and
- no recognised body or manager or employee of such a body shall permit him to have an interest in the body
except in accordance with the SRA's prior written permission.