The Legal Ombudsman has won a landmark court case against a solicitor who failed to co-operate with an investigation.

Howard Robert Gillespie Young, a solicitor who practised in Bolton, Lancashire for CMG Law, did not provide documents requested by the ombudsman after a complaint was made in October 2010.

The High Court today fined Young £5,000 and ordered him to pay £15,500 costs after it was found he had ignored the ombudsman’s process entirely.

The case is the first of its kind since the complaints procedure was created. Chief ombudsman Adam Sampson (pictured) believes it will act as a warning to other solicitors who fail to engage with the regulator. Sampson said: ‘We regret having to take these measures in this case. Most of the time lawyers co-operate fully with the ombudsman and want to resolve complaints.

‘But we are pleased with the clear support from the courts for the ombudsman’s role. It’s now clear to all that in those rare cases where a lawyer fails to co-operate, we can use powers to respond appropriately.’

Young had been paid £500 by a couple to make a claim on an insurance policy, but delays meant the time expired for litigation to commence to recoup money they were owed. They also instructed him to assist with an employment tribunal, but the case was dismissed when a judge’s patience was stretched by further delays caused by the solicitor.

Mr Justice Lindblom said: ‘Mr Young consciously persisted in his default for about two and a half months, apparently ignoring the ombudsman’s process entirely. For [the complainants] the delay in their documents being found must have been frustrating, to say the least. Mr Young’s default was the more serious in the light of his unfortunate disciplinary history, in which a pattern of ignoring correspondence and requests for information is plain.’

In passing judgment, Mr Justice Lindblom said there will be occasions when the punishment for not co-operating with the ombudsman will be even greater.

‘Undoubtedly there will be cases, though they are likely to be more extreme in their facts than this, in which the court will see no option but to impose a sentence of immediate imprisonment for a failure to comply.’

According to the terms of the Legal Services Act 2007, lawyers can face an unlimited fine or up to two years’ imprisonment.

Young could not immediately be reached for comment.