SOLICITORS DISCIPLINARY TRIBUNAL. IN THE MATTER OF THE SOLICITORS ACT 1974 Case No and. and. Before:

Similar documents
SOLICITORS DISCIPLINARY TRIBUNAL. IN THE MATTER OF THE SOLICITORS ACT 1974 Case No and. Before:

SOLICITORS DISCIPLINARY TRIBUNAL. IN THE MATTER OF THE SOLICITORS ACT 1974 Case No and. Before:

JUDGMENT ON APPLICATION TO DETERMINE INDEFINITE PERIOD OF SUSPENSION FROM PRACTICE

SOLICITORS DISCIPLINARY TRIBUNAL. IN THE MATTER OF THE SOLICITORS ACT 1974 Case No and. Before:

SOLICITORS DISCIPLINARY TRIBUNAL. IN THE MATTER OF THE SOLICITORS ACT 1974 Case No and. Before:

SOLICITORS DISCIPLINARY TRIBUNAL SOLICITORS ACT IN THE MATTER OF BENJAMIN TUBB, (The Respondent)

SOLICITORS DISCIPLINARY TRIBUNAL. IN THE MATTER OF THE SOLICITORS ACT 1974 Case No and. Before:

SOLICITORS DISCIPLINARY TRIBUNAL. IN THE MATTER OF THE SOLICITORS ACT 1974 Case No and. Before:

SOLICITORS DISCIPLINARY TRIBUNAL. IN THE MATTER OF THE SOLICITORS ACT 1974 Case No and. Before:

MEMORANDUM OF UNDERSTANDING. Association of Chief Police Officers England & Wales

SOLICITORS DISCIPLINARY TRIBUNAL. IN THE MATTER OF THE SOLICITORS ACT 1974 Case No and. Before:

JUDGMENT ON AN AGREED OUTCOME

SOLICITORS DISCIPLINARY TRIBUNAL. IN THE MATTER OF THE SOLICITORS ACT 1974 Case No and. Before:

SOLICITORS DISCIPLINARY TRIBUNAL. IN THE MATTER OF THE SOLICITORS ACT 1974 Case No and. Before:

Immigration and Asylum Accreditation Senior Caseworker, Casework Assistant and Trainee casework assistant

Immigration and Asylum Accreditation - Probationer, level 1 and level 2

SOLICITORS DISCIPLINARY TRIBUNAL. IN THE MATTER OF THE SOLICITORS ACT 1974 Case No and. Before:

IN THE MATTER OF VANESSA GLOVER A person (not being a solicitor) employed or remunerated by a solicitor - AND -

IN THE MATTER OF JOSEPH AARON, solicitor - AND - IN THE MATTER OF THE SOLICITORS ACT 1974

SOLICITORS DISCIPLINARY TRIBUNAL SOLICITORS ACT IN THE MATTER OF ELIZABETH MARGARET WARD, solicitor (The Respondent)

Pearn Kandola Disproportionality Audit Recommendation 10: Referrals to SDT. August Page 1 of 22

NASD REGULATION, INC. OFFICE OF HEARING OFFICERS. Complainant, : Disciplinary Proceeding : No. C v. : : Hearing Officer JN

2007 No LEGAL PROFESSION, ENGLAND AND WALES. The Solicitors (Disciplinary Proceedings) Rules 2007

2016 No. 41 POLICE. The Police (Conduct) Regulations (Northern Ireland) 2016

Judicial Services and Courts Act [Cap 270]

JUDGMENT ON AN AGREED OUTCOME

Immigration and Asylum Accreditation - Level two

HEARING HEARD IN PUBLIC

Clergy Discipline Rules 2005 a as amended b

IN THE MATTER OF LESLIE JAMES VERNON JONES, solicitor - AND - IN THE MATTER OF THE SOLICITORS ACT 1974

RULES of the HONORABLE SOCIETY of the INN of COURT of NORTHERN IRELAND

THE CHARTERED INSURANCE INSTITUTE Disciplinary Procedure Rules

The Labour Court. Workplace Relations Act Labour Court (Employment Rights Enactments) Rules 2016

B e f o r e: LORD JUSTICE DAVIS MR JUSTICE CRANSTON. Between:

A Competence Statement for Solicitors

CROWN LAW MEDIA PROTOCOL FOR PROSECUTORS

COURT OF APPEAL RULES, 1997 (C.I 19)

1996 No (L.5) IMMIGRATION. The Asylum Appeals (Procedure) Rules 1996

1. BG s Constitution, its Regulations and the various conditions of membership, registration and affiliation together require that:

Regulatory enforcement proceedings

IN THE MATTER OF MARGARET ANNE DAVIES, solicitor - AND - IN THE MATTER OF THE SOLICITORS ACT

Guidance on Complaints and Disciplinary Procedure

Universities Psychotherapy and Counselling Association. Fitness to Practise Procedures

MEDICAL PRACTITIONERS REGISTRATION ACT 1996

SOLICITORS DISCIPLINARY TRIBUNAL. IN THE MATTER OF THE SOLICITORS ACT 1974 Case No and. Before:

IN THE MATTER OF JEFFREY HELGE HANSEN, solicitor - AND - IN THE MATTER OF THE SOLICITORS ACT 1974

NO About this consultation paper. Introduction 3. Background 3-5. The Standard of Proof Rule The Proposed New Rules 9-10

SWORN DECLARATION. 1. Identification of the undersigned person. Last name of the undersigned (as indicated on the identity card or passport)

HEALTH CARE AND ASSOCIATED PROFESSIONS DOCTORS. General Medical Council (Fitness to Practise) Rules Order of Council 2004

IN THE MATTER OF NARESH TRIVEDI, solicitor - AND - IN THE MATTER OF THE SOLICITORS ACT 1974

The Patent Regulation Board and The Trade Mark Regulation Board. Disciplinary Procedure Rules

CHAPTER 127A CRIMINAL RECORDS (REHABILITATION OF OFFENDERS)

DISCIPLINARY COMMITTEE OF THE ASSOCIATION OF CHARTERED CERTIFIED ACCOUNTANTS

Recruiter Accreditation Scheme Compliance Framework. December 2016

RULE 53 EVIDENCE AT TRIAL

2018: No. 2 June. Filing: File the amended pages in your Member s Manual as follows:

SOLICITORS DISCIPLINARY TRIBUNAL. IN THE MATTER OF THE SOLICITORS ACT 1974 Case No and. Before:

SOLICITORS DISCIPLINARY TRIBUNAL. IN THE MATTER OF THE SOLICITORS ACT 1974 Case No and. Before:

Court of Appeal to hear mortgage fraud case where claim is made for vicarious liability of broker for its dishonest agent s acts

MENTAL HEALTH (JERSEY) LAW Revised Edition Showing the law as at 1 January 2017 This is a revised edition of the law

A guide to GMC investigations and fitness to practise proceedings

Scottish Home and Health Department

Texas Statutes Section ELIGIBILITY ---TEX OC. CODE ANN :The Law

Rule 8400 Rules of Practice and Procedure GENERAL Introduction Definitions General Principles

INDICTABLE OFFENCES (PRELIMINARY ENQUIRY) ACT

THE LAW SOCIETY OF ALBERTA HEARING COMMITTEE REPORT

Number 27 of 2010 CRIMINAL PROCEDURE ACT 2010 ARRANGEMENT OF SECTIONS. PART 1 Preliminary and General. PART 2 Impact of Crime on Victim

2004 No 2608 HEALTH CARE AND ASSOCIATED PROFESSIONS DOCTORS. General Medical Council (Fitness to Practise) Rules Order of Council 2004

Funeral Planning Authority Rules

SUPREME COURT ACT CHAPTER 424 LAWS OF THE FEDERATION OF NIGERIA 1990

FINDINGS of the Solicitors Disciplinary Tribunal Constituted under the Solicitors Act 1974

Individual Prospect Checklist

PRACTICE DIRECTIONS IMMIGRATION AND ASYLUM CHAMBERS OF THE FIRST TIER TRIBUNAL AND THE UPPER TRIBUNAL

IN THE HIGH COURT OF JUSTICE

SOLICITORS DISCIPLINARY TRIBUNAL. IN THE MATTER OF THE SOLICITORS ACT 1974 Case No and. Before:

independent and effective investigations and reviews PIRC/00444/17 October 2018 Report of a Complaint Handling Review in relation to Police Scotland

CRIMINAL, TRAFFIC, CIVIL AND SMALL CLAIM RULES

SOUTH AFRICAN RUGBY UNION DISCIPLINARY AND JUDICIAL MATTERS REGULATIONS

DISCIPLINARY PROCEDURE FOR TEACHERS, INCLUDING PRINCIPALS AND VICE-PRINCIPALS, IN GRANT AIDED SCHOOLS WITH FULLY DELEGATED BUDGETS

Immigration and Asylum Law Advanced Accreditation Scheme

DISCIPLINARY POLICY AND PROCEDURE

Lawn Tennis Association Limited: Disciplinary Code Effective 20 September 2016

APPELLATE COMMITTEE REPORT. HOUSE OF LORDS SESSION nd REPORT ([2007] UKHL 50)

HEARING PARTLY HEARD IN PRIVATE*

The DFSA Rulebook. Recognition (REC)

FINANCIAL INDUSTRY REGULATORY AUTHORITY OFFICE OF HEARING OFFICERS

PUBLIC RECORD. Record of Determinations Medical Practitioners Tribunal. Dates: 29/06/2018. Medical Practitioner s name: Dr Dariusz FAFERA

Order BRITISH COLUMBIA GAMING COMISSION

SOLICITORS DISCIPLINARY TRIBUNAL. IN THE MATTER OF THE SOLICITORS ACT 1974 Case No and. Before:

Allegation and Findings of Fact That being registered under the Medical Act 1983 (as amended):

PUBLIC RECORD. Record of Determinations. Medical Practitioner: Dates: 15/08/ /08/2018. GMC reference number:

FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT

Criminal Litigation Accreditation Scheme Standards of competence for the accreditation of solicitors representing clients in the magistrates court

IMMIGRATION & ASYLUM ACCREDITATION SCHEME

GUIDE TO ARBITRATION

General Regulations Updated October 2016

SECURITIES AND FUTURES (STOCK MARKET LISTING) RULES (NO. 5 OF 2002, SECTION 36(1)) ARRANGEMENT OF SECTIONS PART I PRELIMINARY. 1. Commencement...

The Law Enforcement Review Act Complaint #3704

You are therefore liable to disciplinary action in accordance with Bye-law 5.2.2(d)

POLICE ACT ARRANGEMENT OF SECTIONS. PART I Introduction and Interpretation

Transcription:

SOLICITORS DISCIPLINARY TRIBUNAL IN THE MATTER OF THE SOLICITORS ACT 1974 Case No. 10655-2010 BETWEEN: SOLICITORS REGULATION AUTHORITY Applicant and SHABIR AHMED KHATTAK First Respondent and KHURRAM MUGHAL Second Respondent Before: Mr A N Spooner (in the chair) Mr R Hegarty Mrs L McMahon-Hathway Date of Hearing: 24th May 2011 Appearances David Barton, Solicitor Advocate of 13-17 Lower Stone Street, Maidstone Kent ME15 6JX appeared for the Applicant. Neither Respondent was present. Both had submitted correspondence to the Tribunal for consideration. For reasons set out below, the hearing proceeded with regard to the Second Respondent. The case against the First Respondent was adjourned. JUDGMENT

2 Allegations 1. The Applicant applied for an Order under s.43 of the Solicitors Act 1974 (as amended) in the following terms: 1.1 That no solicitor shall employ or remunerate Khurram Mughal ("the Respondent") in connection with his practice as a solicitor; 1.2 That no employee of a solicitor shall employ or remunerate the Respondent in connection with the solicitor's practice; 1.3. That no recognised body shall employ or remunerate the Respondent; 1.4. That no manager or employee of a recognised body shall employ or remunerate the Respondent in connection with the business of that body except in each case in accordance with permission granted by The Law Society; 1.5. That no recognised body or manager or employee of such a body shall, except in accordance with Law Society permission permit the Respondent to be a manager of the body; 1.6. That no recognised body or manager or employee of such a body shall, except in accordance with Law Society permission, permit the Respondent to have an interest in the body. Documents Or that such other Order might be made as the Tribunal should think right. 2. The Tribunal reviewed all the documents submitted by the Applicant and the Respondents, which included: Applicant: Application in Form 2 dated 4 November 2010; Rule 8 Statement dated 4 November 2010 with Exhibit "DEB 1"; Application in Form 1 dated 4 November 2010; Rule 5 Statement dated 4 November 2010 with Exhibit "DEB 1". First Respondent: Letter from Lewis Hymanson Small LLP dated 23 May 2011;

3 Second Respondent: Letter from Second Respondent (undated); Two letters in similar terms from Second Respondent dated 18 May 2011. Bundle of references Preliminary Matter 3. This matter was listed for a substantive hearing of the allegations against both the First and Second Respondents. 4. Having heard submissions from Mr Barton and considered the letter from the First Respondent's solicitors of 23 May 2011, and having noted the terms of a proposed Regulatory Settlement Agreement between the Solicitors Regulation Authority ("SRA") and the First Respondent, the Tribunal agreed to adjourn the substantive hearing of the allegations against the First Respondent. 5. The Tribunal noted that in his letters to the Tribunal of 18 May, and in the undated letter submitted to the Tribunal recently, the Second Respondent had made it clear that he was aware of the proceedings and did not propose to appear. The Second Respondent had further indicated that he would not object to an Order being made against him, should that be the Tribunal's decision, and had made submissions about various issues in the letters. He had also provided a bundle of seven references. Factual Background 6. The Second Respondent was at all material times employed or remunerated by Shabir Ahmed Khattak of Khattak Solicitors, 279 Bury New Road, Whitefield, Manchester, M45 7SE and other solicitors. He was employed or remunerated as an Accredited Police Station Representative. The First Respondent in the proceedings was married to the Second Respondent's sister. 7. On 29 January 2009 the Respondent was arrested by officers from West Yorkshire Police and detained at Bradford Police Station. The Post Office and Loan Shark Investigation Team of Birmingham City Council Regulatory Services had been conducting an investigation and the Second Respondent was arrested on suspicion of participation in money laundering. A search warrant had been executed at the Second Respondent's home address as well as a Post Office of which he was said to be Postmaster. 8. The Second Respondent was interviewed under caution by Miss Rupinder Sangha of Birmingham City Council in the presence of Police Constable Anthony Baker and the Second Respondent's solicitor, Mr Khattak, the First Respondent A transcript of the interview was provided to the Tribunal.

4 9. In the course of the interview, the Second Respondent was asked the following questions about his occupations: Officer KM Officer KM Officer KM "Do you have any other income? Do you have any other jobs? "Well I'm looking to do this technical qualification" "Do you do anything at the moment? Do you earn any other income at the moment" "Not really, no" "So your postmaster salary... family? "Sorry jewellery. We do jewellery, yeah, yeah." 10. The Second Respondent did not disclose he was an Accredited Police Station Representative. 11. At the conclusion of the interview the Second Respondent was released on bail until 6 May 2009. No charges were brought against him. 12. On 26 March 2009 Superintendent Scofield of Greater Manchester Police made a discretionary decision to refuse the Second Respondent admittance as an Accredited Legal Representative to Bury Police Station in accordance with relevant provisions of the Codes of Practice to the Police and Criminal Evidence Act 1984. 13. By letter dated 4 February 2010 the SRA wrote to the Second Respondent to ask him to explain his failure to state properly his occupation in the course of the interview, and he replied on 17 February 2010. 14. Further letters were exchanged between the Second Respondent and the SRA. On 11 May 2010 an Adjudicator decided to refer his conduct to the Tribunal. Witnesses 15. None. Findings as to Fact and Law 16. Under s.43 of the Solicitors Act 1974, as amended, the Tribunal had to consider whether the Second Respondent had: "occasioned or been a party to, with or without the connivance of a solicitor, an act or default in relation to a legal practice which involved conduct on his part of such a nature that, in the opinion of the SRA, it would be undesirable for him to be involved in a legal practice".

5 17. The discrete issue on which the SRA relied in bringing this matter was that the Second Respondent had given inaccurate and incomplete information during the course of an interview conducted as part of an investigation into money laundering. 18. The Tribunal took into account the Second Respondent's written submissions. 19. The Tribunal noted that the Second Respondent stated that he did not believe there had been sufficient cause to arrest him in the first place. He was the designated subpostmaster of a Post Office which was run by other members of his family. He had had no direct involvement with the business. No charges were brought against any member of the family, or anyone else, in relation to the alleged money laundering. 20. Further, the Second Respondent submitted that his response was an omission rather than a positive assertion. The question asked was one of many asked in the course of the interview and the Second Respondent submitted that he had not considered the consequences of his answer as he felt it was irrelevant. 21. The Second Respondent further submitted that his mindset at the time of the interview was not ideal. He had been in custody for over 17 hours with no nourishment. His wife had given birth a few weeks before and was suffering from post-natal depression. He was physically and mentally drained and cold. He had expected that no case would proceed against him. The Respondent told the Tribunal in his letter that he had informed the Legal Services Commission of his arrest and he had been suspended. He had honoured the terms of his suspension. The Investigating Officers had been informed that the Second Respondent worked as an Accredited Police Station Representative before the bail back date. 22. The Second Respondent had suffered professional embarrassment and a loss of income as he had been unable to work as an Accredited Police Station Representative. 23. The Tribunal determined that the Second Respondent's conduct in failing to disclose that he was an Accredited Police Station Representative in the course of the interview on 30 January 2009 (following his arrest on 29 January 2009) was an act or default in relation to a legal practice which involved conduct on his part of such a nature that it would be undesirable for him to be involved in a legal practice. 24. The Tribunal found that the Second Respondent had failed to provide accurate or complete information in the course of the interview. It took into account the circumstances he had described. However, he should have answered the questions concerning his income/occupation and his failure to do so amounted to conduct which was sufficiently serious to justify the making of an Order. Previous Disciplinary Matters 25. None. Mitigation 26. The Tribunal considered the representations made in the Second Respondent's letters of 18 May 2011 and the bundle of references provided. These included six

6 Sanction professional references and one letter from an individual to a firm which had engaged the Second Respondent concerning the Second Respondent's assistance. 27. Having found that the Second Respondent had provided inaccurate and incomplete information in the course of a police interview, the Tribunal was satisfied that an Order should be made pursuant to s.43 of the Solicitors Act 1974 (as amended). It had taken into account the references and the Second Respondent's explanation. It had also noted the Second Respondent's indication in writing that he would consent to an Order being made against him if the Tribunal considered it appropriate to make the Order. The Tribunal was aware that it had power to make an Order where the conduct had been foolish, reckless or involved an error of judgement. The Tribunal was further aware that an Order under s.43 was in the nature of a regulatory Order and would not in itself prevent the Second Respondent from undertaking work for solicitors' firms, although he would require the permission of the SRA to do so. In all of these circumstances it was appropriate for an Order to be made. Costs 28. Mr Barton informed the Tribunal that he had agreed with the Second Respondent that the Second Respondent would pay the Applicant's costs of the proceedings of 1,000 plus VAT. The appropriate figure, given that VAT rates had changed during the course of the proceedings, was a total of 1,181.25. 29. The Tribunal considered the costs to be reasonable and that it was appropriate to Order the Second Respondent to pay the costs. Statement of Full Order 30. The Tribunal Ordered that as from 24th day of May 2011 except in accordance with Law Society permission:- (i) no solicitor shall employ or remunerate, in connection with his practice as a solicitor Khurram Mughal; (ii) no employee of a solicitor shall employ or remunerate, in connection with the solicitor s practice the said Khurram Mughal; (iii) no recognised body shall employ or remunerate the said Khurram Mughal; (iv) no manager or employee of a recognised body shall employ or remunerate the said Khurram Mughal in connection with the business of that body; (v) no recognised body or manager or employee of such a body shall permit the said Khurram Mughal to be a manager of the body; (vi) no recognised body or manager or employee of such a body shall permit the said Khurram Mughal to have an interest in the body;

7 And the Tribunal further Ordered that the said Khurram Mughal do pay the agreed costs of and incidental to this application and enquiry fixed in the sum of 1,181.25. Dated this 29 th day of June 2011 On behalf of the Tribunal A N Spooner Chairman