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Tribunal hearings both parties to the case, the panel considered it appropriate to make an award of costs of ÂŁ5,000 inclusive of VAT against the respondent and to require that it should be paid by no later than Removed content 30 April 2015. A copy of the panel’s full determination, including reasons for their decision, can be found on the IFoA’s website at bit.ly/1CPJdVz Mr David Jarman At a Disciplinary Tribunal hearing on 6 November 2014, the respondent, Mr David Jarman, faced allegations of misconduct relating to his acceptance of an appointment as actuary to a funeral plans trust without the necessary personal competence in operation of such schemes and to the manner in which he conducted interim valuations of the trust. The panel found that based upon the evidence presented, the respondent’s failures amounted to misconduct and imposed the following sanctions: O a reprimand; O a ďŹ ne of ÂŁ5,000; O costs: the panel determined that the respondent should make a contribution of ÂŁ3,000 inclusive of VAT towards the IFoA’s costs. A copy of the panel’s full determination, including reasons for their decision, can be found on the IFoA’s website at bit.ly/1CPJSX9 Mr James Donnelly On 10 November 2014, the Disciplinary Tribunal
Panel considered a charge of misconduct against Mr James Donnelly relating to the incorrect recording and insuďŹƒcient retention of records of his continuing professional development (CPD) activity between 1 July 2010 and 31 October 2013 in respect of CPD year 1 July 2010 to 30 June 2011. The panel felt that, the respondent had not complied with his professional requirements and that he had therefore breached Principle 4 of the Actuaries’ Code. In doing so, the respondent had frustrated the IFoA in its important role of monitoring members’ compliance with the CPD Scheme. However, the panel was of the view that the incorrect recording and non-retention of records were mistakes and were not wilful. As such, it determined that the respondent was not guilty of misconduct in terms of Rule 1.6 of the Disciplinary Scheme. The charge was therefore dismissed and no disciplinary action was taken. The full determination, including the panel’s full reasoning, is available on the IFoA website at bit.ly/1DAEqGG Mr Andrew Morris At a Disciplinary Tribunal hearing on 2 December 2014, the tribunal considered a charge of misconduct against Mr Andrew Morris relating to an oence of murder committed between 16 and 19 October 2013, for which conduct Mr Morris was convicted on 23 May 2014.
Having considered the evidence, the tribunal found the charge proven and consequently found that Mr Morris’s actions amounted to misconduct. The panel found that the fact of the conviction for the indictable oence of murder: O breached Principle 1 of the Actuaries’ Code, which concerned integrity; O was, in accordance with Rule 1.12b of the Disciplinary Scheme, prima facie evidence of misconduct; and O constituted misconduct in terms of Rule 1.6 of the Disciplinary Scheme, in any event, being conduct which fell below the standards of behaviour and integrity which other members or the public might reasonably expect of a member. In order to reect the panel’s concern about the very serious nature of the charge, the panel imposed the maximum penalty as follows: O suspension from IFoA membership for a period of ďŹ ve years commencing on 2 December 2014. O costs: the panel also determined that Mr Morris should make payment of ÂŁ3,387.60 inclusive of VAT towards the costs of the IFoA. A copy of the panel’s full determination, including reasons for their decision, can be found on the IFoA’s website at bit.ly/1954KNJ Full reports on all the above cases, including the reasons for the decisions, can be found on the IFoA’s website at www.actuaries.org.uk
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March 2015 â&#x20AC;˘ THE ACTUARY 13 www.theactuary.com
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