By John Hyde2021-01-28T10:56:00+00:00
A solicitor who failed to disclose counsel’s pessimistic advice about a case to ATE insurers has agreed to an £8,000 fine. Nigel Martin Kinder, admitted in 1983, accepted that he failed to disclose all material facts when completing an insurance proposal form in 2008. The Solicitors Disciplinary Tribunal certified an outcome agreed with the Solicitgors Regulation Authority.
It was accepted that the incident was a single incident in a previously unblemished career, with no evidence of repetition, bad faith or dishonesty, and no suggestion Kinder had concealed anything from his client.
The tribunal heard that Kinder, formerly with a Devon firm, was representing a claimant in arbitration and had taken out a policy on her behalf with ATE provider Elite Insurance Company Ltd. The insurer subsequently voided the policy on the basis of misrepresentation and non-disclosure of information – specifically the fact that two counsel had assessed th