A solicitor has been struck off after admitting to misleading his partners regarding a claim to the firm’s professional indemnity insurers, a decision confirmed by the Solicitors Disciplinary Tribunal (SDT).
Simon Kennett Gurr, a former partner at Direction Home (Law) LLP, acknowledged his misconduct which led to his expulsion from the firm in October 2019. He admitted to lying to his partners about reporting a claim related to a road traffic accident case settled in 2017 for £580,000 plus costs.
In November 2018, the Senior Courts Costs Office issued an unless order requiring the claimant to request a detailed assessment hearing, highlighting the potential disallowance of all associated costs if not filed. Although Mr. Gurr stated this was done in January 2019, correspondence from May 2019 pointed out the breach by the claimants as the matter had not been listed for hearing.
Further examination revealed discrepancies when the court ordered Direction Law to repay £250,000 and cover the defendant’s application costs. It was during this period that Andrew Theoff, the firm’s managing partner, discovered inconsistencies in Mr. Gurr’s claims about notifying the insurers.
Mr. Gurr initially claimed he had communicated with the insurers and copied text from an email he could not locate. This claim was refuted when a server search found no such email preceding 14 October 2019, directly contradicting his statements.
Acknowledging his deception, Mr. Gurr confessed to the Solicitors Regulation Authority (SRA) that he misled his colleagues. Although he denied fabricating a January letter to the court, the SRA retracted additional dishonesty allegations after Mr. Gurr agreed to the striking-off based on the confirmed charge.
The SDT determined that striking off was the only suitable penalty, considering the seriousness of the breach. Mr. Gurr, who has since retired to South Africa, consented to cover £15,000 in costs related to the proceedings.
The case highlights the serious consequences of dishonesty within the legal profession, underscoring the necessity for transparency and integrity.
