Harjit Singh Kang

Thursday 14 June 2012

  • Application 10781-2011
  • Admitted 1993
  • Hearing 16 February 2012
  • Reasons 2 March 2012

The Solicitors Disciplinary Tribunal ordered that the respondent should be suspended from practice as a solicitor for an indefinite period to commence on 16 February 2012.

The respondent had failed to pay the premium due for indemnity ­insurance for the indemnity years 2009/2010 and 2010/2011 to Capita (which manages the assigned risks pool on behalf of the Solicitors Regulation Authority) within the prescribed period for payment and was in policy default, in breach of rule 16.2 of the Solicitors Indemnity Insurance Rules 2009 and 2010. The SDT said that the respondent had made an effort to pay some of the premium due and he had made an application for a waiver. He had also co-operated with the SRA. Notwithstanding that, the SDT considered it essential that the integrity of the insurance system for solicitors was preserved because that had an impact on the public’s confidence in the profession. The respondent could not be allowed to practise regardless of his regulatory obligations.

In all the circumstances, the SDT considered that the appropriate order was an indefinite suspension. The SDT did not wish to fetter the discretion of any future SDT but recommended that any application made by the respondent for a termination of the indefinite period of suspension should not be granted until he had paid the outstanding indemnity insurance premium for 2009/2010 and 2010/2011.

The SDT asked the SRA to note the fact that the respondent had been co-operative in relation to the matter. The respondent was ordered to pay costs of £2,972.