A Disciplinary Board was convened on 19 July 2023, comprising of:
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Eur Ing Stephen M John, MBA, LLM, CEng, FICE, FCIArb, (Disciplinary Board Chair)
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Timothy Pope CEng, FIStructE
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Robert Paul CEng, FIStructE, FICE,
Also in attendance were Philip Newman, Barrister of Law acting on behalf of the Professional Conduct Committee, and Ralph Shipway, solicitor, acting as legal adviser to the Disciplinary Board, in respect of matters referred to it by the Professional Conduct Committee.
The Complaint arose in respect of the conduct of a Fellow of the Institution at the time of the complaint, Mervyn Moses Shaya, regarding his engagement in a project as Party Wall Surveyor for the Adjoining Building Owner, in accordance with the Party Wall Etc Act 1996 (“the Act”).
The complaint included the allegations that Mr Shaya used aggressive and threatening behaviour in communications and sought to portray the Building Owner’s Party Wall Surveyor in a poor light when emailing the Adjoining Building Owner.
In the premises, taking all matters into account, the Board found the complaint proven in part, and that Mr Shaya was in breach of Articles 1, 3 and 7 of the Institution’s Code of Conduct. In particular, the Board found that the intemperate nature of Mr Shaya’s emails did not exhibit the standard expected of a senior member of the profession, and, that the emails disclosed to the Adjoining Owner provided clear evidence of a malicious attempt to injure the reputation of another professional. Accordingly, Mr Shaya, as a Member, had failed to comply with the Laws of the Institution and pursuant to Bye-Law 9 was guilty of misconduct.
Having considered all of the evidence, and in accordance with the Regulations of the Institution, the Disciplinary Board unanimously decided to expel Mr Shaya from membership of the Institution.
In accordance with Rule 9 of the Procedural Rules of the Disciplinary Board, Mr Shaya lodged an Appeal against the Disciplinary Board’s Decision.
An Appeal Tribunal was convened on 9 July 2024 comprising of:
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The Rt Hon. Sir Gary Hickinbottom (Appeal Tribunal Chair),
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Christopher Makin FCA FCMI FAE QDR MCIArb and,
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Helen Collie CEng FIStructE.
The Appeal Tribunal did not find that any of the submissions made by Mr Shaya in his appeal made good, consequently the Tribunal dismissed the appeal and made an award of costs against Mr Shaya.
Mr Shaya is permanently expelled from Membership of the Institution of Structural Engineers