The Tribunal found that Mr Marshall did not have in place adequate Professional Indemnity Insurance (PII) between 21 December 2004 and 11 January 2005 or between 12 January 2006 and 27 August 2008. Whilst he may to some extent have been let down by his brokers in respect of the earlier period, in relation to the later period Mr Marshall admitted that he took a conscious decision not to take out "run-off" insurance for his former business. He subsequently informed the Taxation Disciplinary Board that he had had in force adequate cover when this was not the case. The Tribunal also found that Mr Marshall failed to provide a proper response to requests from the complainant to ascertain whether he had in place adequate PII cover.
The Tribunal decided that Mr Marshall should receive a censure on each of the three charges. He should also receive a warning to comply with the Institute's Compulsory Professional Indemnity Insurance Regulations and a fine of £500. Mr Marshall was ordered to pay costs in the sum of £5,811, payable in two instalments.
