SDT: Jacob Oladipupo Ilara and Olutobi Daniel Fayemiwo
- Application 10811-2011
- Hearing 16 February 2012
- Reasons 7 March 2012
The SDT ordered that the first respondent (admitted 2005) should be suspended from practice as a solicitor for an indefinite period to commence on 16 February 2012; and that the second respondent (admitted 2005) should be suspended from practice as a solicitor for an indefinite period to commence on 16 February 2012.
The first and second respondents had failed to pay the premium due for indemnity insurance for the indemnity year 2009/2010 to Capita (which manages the assigned risks pool on behalf of the Solicitors Regulation Authority) within the prescribed period for payment and were in policy default, in breach of rule 16.2 of the Solicitors Indemnity Insurance Rules 2009; and they had failed to respond to the SRA’s enquiries in an open, prompt and co-operative way, in breach of rule 20.05 of the Solicitors Code of Conduct 2007. The SDT said that it was essential that the integrity of the system of insurance for solicitors was preserved because it had an impact on the public’s confidence in the profession. The respondents could not be allowed to practise regardless of their regulatory obligations.
In all the circumstances, the SDT considered that the appropriate order in relation to both respondents was an indefinite suspension. The SDT did not wish to fetter the discretion of any future SDT but recommended that any application for the termination of the period of indefinite suspension by either respondent should not be granted until there had been payment in full of the outstanding indemnity insurance premium for the year 2009/2010.
The first respondent was ordered to pay costs of £1,011; the second respondent was ordered to pay costs of £1,927.