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Vanessa Helen Tofield and Paul Julian Mark Bailey

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number10787/2011
Date01/01/2011
OutcomeSuspend - Fixed Period

Allegation / charges

Breaches, Failures

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

SanctionSuspension
CostsGBP 900
Dishonesty foundNo

Mohammed Aftab, the sole solicitor partner of Alo & Co, was found to have failed to pay the 2009/2010 ARP indemnity premium and run-off premium to Capita (total £42,681.18), placing him in policy default under Rule 16.2, and to have failed to respond to SRA enquiries in an open, prompt and cooperative way. The Tribunal found he remained a partner at the material time despite his belief that he had resigned on 1 October 2009, as his resignation letters were never received by interested parties. No dishonesty was found (the earlier Tribunal had expressly found no dishonesty in related matters). Given the matter's close connection to earlier proceedings, the Tribunal imposed a short 21-day suspension and assessed costs at £900, not to be enforced without leave given his financial circumstances.

Duties found breached:

Aggravating factors:

  • Failure to arrange/maintain professional indemnity insurance including run-off cover, important for protection of clients
  • Respondent was the sole solicitor partner with residual responsibility for the firm
  • Buried his head in the sand and ignored obligations

Mitigating factors:

  • Matter was an additional aspect of a situation already dealt with by an earlier Tribunal and closely connected to it
  • Respondent was bankrupt and in difficult financial circumstances
  • Personal issues at the relevant time
  • Acknowledged he had not discharged his obligations as he should have done

Duties engaged

Documents

Source: https://solicitorstribunal.org.uk/case/10787/