Kalyan, Praful

Date

21 May 2013

Charges

The charges brought against Mr Kalyan were:

Charge 1:     Failing to uphold the rule of law and/or to maintain high standards of professional conduct. Contrary to: Paragraphs 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 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 conducted certain litigation (namely acted for the Claimant, C Limited in proceedings in the Manchester County Court against the Defendants Mr and Mrs W), a reserved legal activity, when not authorised by law to do so.

Charge 2:     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 between on or about 3 September 2011 and on or about 20 October 2011 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 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 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 14 October 2011 Praful Kalyan, then an Affiliate Member of ILEX/CILEx employed, engaged or concerned in private practice under the style “IKON Legal” at 174 Wilmslow Road, Rusholme, Manchester, M14 5LQ exercised or purported to exercise a right of audience on behalf of Mrs M in proceedings in the Manchester County Court between Mrs M and Mr M, a reserved legal activity, when not authorised by law to do so.

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 27 June 2011 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 conducted certain litigation (namely acted for Syed Masrur Ahmed Rahman as intervenor in proceedings in the Manchester County Court between Mortgage Co. as Claimant and Ms B as Defendant), a reserved legal activity, when 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 on 16 May 2011 and/or 27 June 2011 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 exercised or purported to exercise a right of audience on behalf of the intervenor Syed Masrur Ahmed Rahman in proceedings between Mortgage Co. and Ms B, a reserved legal activity, when 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 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 5L conducted certain litigation (namely acted for the Respondent Syed Masrur Ahmed Rahman 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 not authorised by law to do so.

 

Charge 7:     Failing to maintain high standards of professional and personal conduct and/or failing to act within his competence.  Contrary to:     Principles 2 and/or 9 of the IPS Code of Conduct.

The particulars to this charge were that on divers occasions in 2011 including 30 August 2011 Praful Kalyan then an Affiliate Member of ILEX/CILEx held himself out, through the public medium of the social networking site “Facebook”, as having the following competencies, inter alia:

  • “Court duty, defending rent and mortgage possessions at County Court”
  • “Court Advocate, Civil Courts”
  • “Providing...court representation on civil matters”,     

when he was not qualified to do so.

Charge 8:     Failing to maintain high standards of professional conduct and/or failing to comply with the ILEX/CILEx Rules Bye-Laws and/or failing to act within his competence.  Contrary to: Principles 2 and/or 4 and/or 9 of the IPS Code of Conduct.   

The particulars to this charge were that on divers dates between on or about 1 September 2011 and 29 January 2012 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, held himself out alternatively caused, permitted or encouraged others to hold him out as a “Legal Executive”, by means of business cards and/ or Fee Agreements when not permitted to do so by ILEX/CILEx, he not holding the qualification or status of Fellow.

Charge 9:     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 in or about 2010 and in or about February 2012 Praful Kalyan, then an Affiliate Member of ILEX/CILEx employed, engaged or concerned in private practice under the style “IKON Legal” at 174 Wilmslow Road, Rusholme, Manchester, M14 5LQ caused, alternatively permitted or encouraged other in:-          

(i) The public advertisement, by means of the websites http://www.ikonworld.net/ and/or http://www.ikonworld.net/ 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 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

Mr Kalyan was excluded from membership of CILEx indefinitely.  The Tribunal indicated that it would not expect an application for reinstatement to be considered in under 3 years.  Mr Kalyan was also ordered to pay costs to IPS.