Outcome: Control of non-qualified staff (section 43 order)
Outcome date: 24
October
2011
Published date: 25
November
2011
Firm details
Firm or organisation at time of matters giving
rise to outcome
Name: Wolstenholmes LLP; Norman Saville & Co Solicitors and MacIntyre Clarke LLP
Address(es):
Manchester (Wolstenholmes); Birmingham (Norman Saville) and London (MacIntyre Clarke)
Firm ID: 443877 (Wolstenholmes); 535950 (Norman Saville) and 517894 (MacIntyre Clarke)
Outcome details
This outcome was reached
by SRA decision.
Decision details
Without prejudice to any other matters and/or issues:
1. The Adjudicator FOUND that Waseem Saddique of an address in Sutton Coldfield, West Midlands is or was involved in legal practice but is not a solicitor: has, in the Society’s opinion occasioned or been a party to, with or without the connivance of solicitors by whom he was employed and/or remunerated, a number of acts or defaults in relation to those legal practices which involved conduct on his part of such a nature that in the Society’s opinion it would be undesirable for him to be involved in a legal practice in one or more of the ways mentioned in sub-section (1A) of section 43 of the Solicitors Act 1974 (as amended).
2. The Adjudicator therefore DECIDED to make an Order under Section 43(2) of the Solicitors Act 1974 (as amended) that with effect from the date of the letter notifying Mr Waseem Saddique of an address is Sutton Coldfield, West Midlands, of this decision, that
- (i) no solicitor shall employ or remunerate him, in connection with his practice as a solicitor;
- (ii) no employee of a solicitor shall employ or remunerate him in connection with the solicitor’s practice;
- (iii) no recognised body shall employ or remunerate him;
- (iv) no manager or employee of a recognised body shall employ or remunerate him in connection with the business of that body;
- (v) no recognised body or manager or employee of such a body shall permit him to be a manager of the body;
- (vi) no recognised body or manager or employee of such a body shall permit him to have an interest in the body
except in accordance with a Society permission.
3. There is no internal right of appeal against this Order.
4. There is a statutory right to apply to the Solicitors Disciplinary Tribunal for a review of this Order.
5. The Adjudicator was satisfied in line with paragraph 4A of the SRA's publication policy that it is appropriate to DIRECT that this Order be published in the Law Society Gazette, on the SRA website and by way of press release.
Reasons/basis
The Adjudicator considered that in light of the evidence demonstrating Mr Saddique's involvement in several legal practices where serious defaults had occurred and which had resulted in substantial losses to clients, it is proportionate and in the public interest to take steps to publish this decision and the accompanying Order.
The Adjudicator considered such a step is necessary in order to protect the public, profession and potential clients from the risk posed by allowing Mr Saddique to be employed and/or remunerated by a solicitor in connection with any legal practice, except in accordance with the Society's permission.
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