Date
21 May 2013
Charges
The charges brought against Mr Rahman were:
Charge 1
Failing to uphold the rule of law and/or maintain high standards of professional conduct. Contrary to: Principles 1 and/or 2 of the IPS Code of Conduct.
The particulars to this charge were that between on or about 6 September 2011 and on or about 22 February 2012 Syed Masrur Ahmed Rahman, then an Affiliate Member of ILEX/CILEx employed, engaged or otherwise concerned in a private practice under the style “IKON Legal” at 174 Wilmslow Road, Rusholme, Manchester, M14 5LQ conducted and/or assisted Praful Kalyan in the conduct of certain litigation, or permitted or encouraged him to do so (namely in acting for the Claimant, C Limited in the Manchester County Court against the Defendants Mr and Mrs W), a reserved legal activity when neither he nor the said Praful Kalyan was authorised by law to do so.
Charge 2
Failing to uphold the rule of law and/or maintain high standards of professional conduct. Contrary to: Principles 1 and/or 2 of the IPS Code of Conduct.
The particulars to this charge were that between on or about 18 August 2011 and on or about 20 October 2011 Syed Masrur Ahmed Rahman, then an Affiliate Member of ILEX/CILEx employed, engaged or otherwise concerned in a private practice under the style “IKON Legal” at 174 Wilmslow Road, Rusholme, Manchester, M14 5LQ conducted certain litigation (namely acted for Mrs M in family proceedings in the Manchester County Court against her husband Mr M), a reserved legal activity, when not authorised by law to do so.
Charge 3
Failing to uphold the rule of law and/or to maintain high standards of professional conduct. Contrary to: Principles 1 and/or 2 of the IPS Code of Conduct.
The particulars to this charge were that in or about August 2011 Syed Masrur Ahmed Rahman then an Affiliate Member of ILEX/CILEx employed, engaged or otherwise concerned in a private practice under the style “IKON Legal” at 174 Wilmslow Road, Rusholme, Manchester, M14 5LQ carried on a regulated activity namely the provision of immigration advice to Mrs M when not authorised to do so by a qualifying regulator.
Charge 4
Failing to uphold the rule of law and/or maintain high standards of professional conduct. Contrary to: Principles 1 and/or 2 of the IPS Code of Conduct.
The particulars to this charge were that between on or about 16 May 2011 and on or about 27 June 2011 caused or permitted or encouraged Praful Kalyan, an Affiliate Member of ILEX/CILEx employed, engaged or otherwise concerned in private practice under the style “IKON Legal” at 174 Wilmslow Road, Rusholme, Manchester, M14 5LQ to conduct certain litigation (namely in acting for him as intervenor in proceedings in the Manchester County Court between Mortgage Co. as Claimant as Ms B as Defendant), a reserved legal activity, when the said Praful Kalyan was not authorised by law to do so.
Charge 5
Failing to uphold the rule of law and/or maintain high standards of professional conduct. Contrary to: Principles 1 and/or 2 of the IPS Code of Conduct.
The particulars to this charge were that between on or about 16 May 2011 and 27 June 2011 Syed Masrur Ahmed Rahman, then an Affiliate Member of ILEX/CILEx caused, permitted or encouraged Praful Kalyan then an Affiliate Member of ILEX/CILEx employed, engaged or otherwise concerned in private practice under the style “IKON Legal” at 174 Wilmslow Road, Rusholme, Manchester, M14 5LQ to exercise the right of audience on his behalf as intervenor in proceedings between Mortgage Co. and Ms B, a reserved legal activity when the said Praful Kalyan was not authorised by law to do so.
Charge 6
Failing to uphold the rule of law and/or maintain high standards of professional conduct. Contrary to: Principles 1 and/or 2 of the IPS Code of Conduct.
The particulars to this charge were that between on or about 27 July 2011 and 4 August 2011 Syed Masrur Ahmed Rahman, then an Affiliate Member of ILEX/CILEx caused, permitted or encouraged Praful Kalyan, then an Affiliate Member of ILEX/CILEx employed, engaged or otherwise concerned in private practice under the style “IKON Legal” at 174 Wilmslow Road, Rusholme, Manchester, M14 5LQ to conduct certain litigation (namely in acting for him in family proceedings against the Applicant Ms B in the Principal Registry of the Family Division of the High Court of Justice), a reserved legal activity when the said Praful Kalyan was not authorised by law to do so.
Charge 7
Failing to uphold the rule of law and/or maintain high standards of professional conduct and/or or failing to comply with ILEX/CILEx rules/bye-laws and/or failing to act within his competence. Contrary to: Principles 1, 2, 4 and/or 9 of the IPS Code of Conduct.
The particulars to this charge were that on divers dates in 2011 on and after 18 March 2011 Syed Masrur Ahmed Rahman then an Affiliate Member of ILEX/CILEx employed, engaged or otherwise concerned in a private practice under the style “IKON Legal” at 174 Wilmslow Road, Rusholme, Manchester, M14 5LQ held himself out or alternatively caused, permitted or encouraged others to hold him out as a “Legal Executive” by means of business cards when not permitted to do so by ILEX/CILEx, he not holding the qualification or status of Fellow.
Charge 8
Failing to uphold the rule of law and/or maintain high standards of professional conduct. Contrary to: Principles 1 and/or 2 of the IPS Code of Conduct.
The particulars to this charge were that on divers dates in 2011 on and after 18 March 2011 Syed Masrur Ahmed Rahman then an Affiliate Member of ILEX/CILEx employed, engaged or otherwise concerned in private practice under the style “IKON Legal” at 174 Wilmslow Road, Rusholme, Manchester, M14 5LQ caused, alternatively permitted or encourages others in:-
(i) the public advertisement, by means of the websites http://www.ikonworld.net/ and /or http://www.ikonworld.com/ of certain services offered by the said IKON Legal namely:-
(a) the conduct of litigation, conveyancing, probate work and court representation when in fact such services were reserved legal activities and not authorised to be performed by such organisation or persons including himself) therein; and/or
(b)Immigration advice, an activity regulated by law when in fact neither such organisation nor any person (including himself) therein was authorised to do so by a qualifying regulator; and/or
(ii) the promotion, by means of the letterhead of the said “IKON Legal” of certain quality marks namely the logos of the organisations “Step up to Quality”, “Positive about Disabled People” and “Investors in People” when not authorised by the owners of such quality marks to do so and/or whereby the display of such marks was likely to mislead.
Outcome
The Tribunal found the charges proved.
Sanction – Indefinite exclusion
Mr Rahman was excluded from membership of CILEx indefinitely. The Tribunal indicated that it would not expect an application for reinstatement to be considered in under 7 years. Mr Rahman was also ordered to pay costs to IPS.
