Date
04 August 2016
Charges
The charges against Mr. Yawar Shah were:
Charge 1
Failing to:
(a) comply with CILEx and CILEx Regulation rules and bye-laws contrary to Principle 4 of the CILEx Code of Conduct 2010
The particulars were that Yawar Shah failed to complete and/or log Continuing Professional Development during the required period of 1 October 2013 to 30 September 2014.
Charge 2
Failing to:
(a) to comply with regulatory obligations and deal with regulators and ombudsmen openly, promptly and co-operatively and/or failing to comply with and respond to reasonable enquiries made by an investigator and failure to do so may be treated as misconduct contrary to Principle 4 of the CILEx Code of Conduct 2010 and R 15 (6) of the CILEx Investigation, Disciplinary and Appeal Rules 2015
The particulars were that Yawar Shah failed to acknowledge or reply to communications from his regulator CILEx Regulation, namely:
I. Letter dated 24 April 2015;
II. Letter dated 15 May 2015;
III. Letter dated 14 October 2015;
IV. Email dated 11 December 2015;
V. Email dated 22 December 2015;
VI. Email dated 12 January 2016.
Charge 3
Failing to:
(a) uphold the rule of law and the impartial administration of justice ; and/or
(b) maintain high standards of professional and personal conduct; and/or
(c) behave with honesty and integrity, contrary to Principles 1, 2 and 3 (respectively) of the CILEx Code of Conduct 2010
The particulars were that Yawar Shah, on 2 July 2013, was convicted of conspiracy to defraud by the Crown Court at St Albans and sentenced, on 31 July 2014, to 18 months imprisonment.
Charge 4
Failing to:
(a) Comply with the CILEX and CILEx Regulation rules and bye-laws and/or comply with your legal and regulatory obligations and deal with regulators and ombudsmen openly, promptly and co-operatively and/or declare prior conduct in a timely manner contrary to Principle 4 of the CILEx Code of Conduct 2010, Principle 4 of the CILEx Code of Conduct 2015 and Rules 11 and 12 of the CILEx Investigation, Disciplinary and Appeals Rules 2015
The particulars were that Yawar Shah failed to declare Prior Conduct to CILEx or CILEx Regulation for the year 2015 at the earliest opportunity or at all, knowing that he had been convicted of a criminal offence.
Outcome
All charges were found proven.
Sanction – Indefinite exclusion
The Disciplinary Tribunal ordered that Mr. Shah be excluded from membership indefinitely and a recommendation that no application for the exclusion to be lifted is considered before the expiry of a period of 10 years. The Tribunal ordered costs to be paid by Mr. Shah.
