Cumming, Gerald Anthony—120749

Decisions

To view a decision against this individual, click one of the decisions below.

Control of practice—6 January 2017

Control of practice—19 September 2016

Closure—25 August 2016

Prosecution—23 August 2016


Decision - control of practice

Outcome: Condition

Outcome date: 6 January 2017

Published date: 10 January 2017

Firm details

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

Gerald Anthony Cumming is subject to Regulations 3 of the SRA Practising Regulations 2011.

Gerald Anthony Cumming‘s practising certificate for 2016/2017 has been granted subject to the following conditions which are necessary, reasonable and proportionate in the public interest:

  1. Mr Cumming may act as a solicitor only as an employee whose role has first been approved by the Solicitors Regulation Authority;
  2. Mr Cumming may not act as a manager or owner of any authorised body;
  3. Mr Cumming may not act as a Compliance Officer for Legal Practice (COLP) or a Compliance Officer for Finance and Administration (COFA) for any authorised body or authorised non SRA firm;
  4. 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.

In these conditions the definitions are as defined in the SRA Handbook Glossary 2012.

Reasons/basis

The above 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 and the regulatory objectives and principles governing regulatory activities as contained in section 28 of the Legal Services Act 2007.

Help and more information

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:

  1. Mr Cumming may act as a solicitor only as an employee whose role has first been approved by the Solicitors Regulation Authority.
  2. Mr Cumming may not act as a manager or owner of any authorised body.
  3. 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.
  4. 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.

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Decision - closure

Outcome: Intervention (Help for clients)

Outcome date: 25 August 2016

Published date: 25 August 2016

Firm details

Firm or organisation at date of publication and 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

Decision to intervene into practice.

Reasons/basis

The Adjudication Panel is satisfied that grounds for intervention existed under Paragraph 1(1)(a) of Schedule 1 of the Solicitors Act 1974 (as amended) being that there is reason to suspect dishonesty on the part of Gerald Cumming in connection with his practice.

The Adjudication Panel is satisfied that grounds for intervention existed under Paragraph 1(1)(c) of Schedule 1 of the Solicitors Act 1974 (as amended) being that Gerald Cumming failed to comply with rules made under sections 31 and 32 of the Solicitors Act 1974.

The Adjudication Panel is satisfied that grounds for intervention existed under Paragraph 1(1)(d) of Schedule 1 of the Solicitors Act 1974 (as amended) that Gerald Cumming was adjudged bankrupt on 18 July 2016.

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Decision - prosecution

Outcome: Referral to Solicitors Disciplinary Tribunal

Outcome date: 23 August 2016

Published date: 25 May 2017

Firm details

Firm or organisation at time of matters giving rise to outcome

Name: Cummings & Riley - Now Closed

Address(es):

11A High Street, Grays, Essex RM17 6NB

Firm ID: 596406

Outcome details

This outcome was reached by SRA decision.

Reasons/basis

This notification relates to a Decision to prosecute before the Solicitors Disciplinary Tribunal. This is an independent Tribunal which will reach its own decision after considering all the evidence, including any evidence put forward by the Solicitor. The Tribunal has certified that there is a case to answer in respect of allegations which are or include that:

He breached the SRA Accounts Rules and SRA Principles in that he retained legal aid payments in office account, when that money had been received for payment of unpaid professional disbursements, and he continued to trade with severe financial difficulties without reporting such matters to the SRA. 

The allegations are subject to a Hearing before the Solicitors Disciplinary Tribunal and are as yet unproven.

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