A junior solicitor who knowingly submitted a dishonest insurance claim for his stolen bike has been struck off the roll.
The Solicitors Disciplinary Tribunal found that Kieran Ferguson, admitted in 2020, a finance solicitor with global firm Ashurst, had dishonestly tried to mislead his insurers by claiming that the bike was covered after amending his policy.
Ferguson had been on the roll for less than two years when the incident took place. He pleaded to keep his status as a solicitor, saying his judgement was impaired by the nature of the theft and the ongoing effects of the murder of a childhood friend. He also pointed to evidence of his good character, as shown by his employer continuing to offer its support.
The tribunal accepted Ferguson was not ‘inherently dishonest’ but ruled out any exceptional circumstances that might have prevented a strike-off, saying his lack of experience was not a material factor.
Its ruling said: ‘The dishonesty was not confined to an immediate reaction to the theft, nor was it a fleeting lapse. It continued over a period during which Mr Ferguson had opportunities to reflect, correct the position, and tell the truth. The fact that the dishonesty was not sophisticated and was capable of being discovered from the insurer’s records, did not materially reduce its seriousness.’
Ferguson, 31 this year, had been at home with his partner in April 2022 when he saw two masked thieves from his window cutting the bike lock with an angle grinder. He gave chase but was unable to catch them. The thieves escaped with a Cannondale Topstone valued at £1,699.
Ferguson had insurance cover for £2,500 for another bike but not the Topstone. The tribunal heard that he submitted a claim on the evening of the theft and 10 minutes later amended the policy online by adding the Topstone.
The insurer accused him of a deliberate attempt to defraud and later shared his details with the Insurance Fraud Register.
The tribunal heard that two weeks after the theft, Ferguson had requested that the claim be withdrawn as the bike was covered by a separate home insurance policy. The insurer declined to accept withdrawal of the claim and requested Ferguson attend an interview with a claims investigator. The solicitor explained in that meeting that he had believed the policy covered all bikes valued under £2,800 so the Topstone would be covered.
Before the tribunal, Ferguson denied acting dishonestly, reiterating that he mistakenly believed the policy was multi-bike and covered any bike up to a set value. The tribunal did not accept this and found that Ferguson had been trying to mislead his insurers in order to be reimbursed.
He was struck off and ordered to pay costs of £20,757.
