Decision -
control of practice
Outcome:
Termination of suspension of PC/registration
Outcome date:
19 September 2016
Published date:
18 October 2016
Firm details
Firm or organisation at date of publication
Name:
White & Co Solicitors
Address(es):
51 Alexandra Street, Southend-On-Sea, Essex, SS1 1BW
Firm ID:
520538
Firm or organisation at time of matters giving rise to outcome
Name:
Cumming & Riley
Address(es):
11A High Street, Grays, Essex, RM17 6NB
Firm ID:
596406
Outcome details
This outcome was reached by SRA decision.
Decision details
The suspension of Mr Gerald Anthony Cumming's practising certificate for 2015/2016 is terminated subject to the following conditions:
- Mr Cumming may act as a solicitor only as an employee whose role has first been approved by the Solicitors Regulation Authority.
- Mr Cumming may not act as a manager or owner of any authorised body.
- Mr Cumming may not act as a compliance officer for legal practice (COLP) or compliance officer for finance and administration (COFA) for any authorised body or authorised non SRA firm.
- Mr Cumming does not hold, receive or have access to client money, or act as a signatory to any client or office account, or have the power to authorise electronic transfers from any client or office account.
For definitions, please refer to the defined terms set out in the SRA Handbook Glossary 2012.
Reasons/basis
Mr Cumming was adjudged bankrupt on 18 July 2016 and his practising certificate was automatically suspended. The SRA also intervened into the practice of Gerald Cumming practising as Cumming & Riley in August 2016 on the grounds of reason to suspect dishonesty on the part of Mr Cumming, his failure to comply with rules made by the SRA and his bankruptcy.
These conditions are considered to be necessary in the public interest and reasonable and proportionate having regard to the purposes set out in Regulation 7 of the SRA Practising Regulations 2011, the regulatory objectives contained in the Legal Services Act 2007 and the principles governing regulatory activities contained in section 28 of the Act.