Gavin
Clarke
Solicitor
323592
Decision - Prosecution
Outcome: Referral to Solicitors Disciplinary Tribunal
Outcome date: 31 October 2024
Published date: 14 May 2025
Firm details
No detail provided:
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 :-
- Between 1 February 2022 and 31 August 2022, he misled Person A by agreeing to act as a solicitor for her partner, Person B, in conducting Person B’s criminal appeal proceedings, and implying that he could undertake the work, in circumstances where he did not hold a practising certificate and was therefore not authorised to act as a solicitor.
- Between 18 February 2022 and 11 April 2022, he obtained funds from Person A to act as a solicitor in relation to Person B’s potential criminal appeal proceedings in circumstances where he did not hold a practising certificate and was therefore not authorised to act as a solicitor.
- Between 18 February 2022 and 31 August 2022, having obtained funds from Person A for work to be undertaken in relation to Person B’s potential criminal appeal proceedings, he failed to return the money to Person A.
- Between 18 February 2022 and 31 August 2022, he personally held client monies when he was not permitted to do so.
The allegations are subject to a Hearing before the Solicitors Disciplinary Tribunal and are as yet unproven.
Decision - Control of practice
Outcome: Condition
Outcome date: 18 December 2023
Published date: 15 January 2024
Firm details
No detail provided:
Outcome details
This outcome was reached by SRA decision.
Decision details
Gavin Clarke's practising certificate for 2023/2024 is subject to the following conditions:
- Mr Clarke is not a manager or owner of any authorised body, authorised non-SRA firm or legal services body.
- Subject to the above condition, Mr Clarke may act as a solicitor, only as an employee where the role has first been approved by us.
- Mr Clarke is not the sole signatory to any client or office account and does not have sole responsibility for client or office account or sole responsibility for authorising client or office account transfers.
In these conditions the terms are as defined in the SRA Glossary.
Reasons/basis
The above conditions are necessary in the public interest and reasonable and proportionate having regard to the purposes set out in Regulation 7 of the SRA Authorisation of Individuals Regulations and the regulatory objectives and principles governing regulatory activities as contained in section 28 of the Legal Services Act 2007.