Henry Charles Adrian Syms

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

Mr Syms, a director of Lee Syms Ltd (trading as Swain & Co), admitted three allegations relating to the firm's failure, between 2015 and 2020, to pay unpaid professional disbursements from LAA Statutory Monthly Payments, instead using the monies (including client money) to run the firm and create a minimum client account shortage of £263,508.45, and failing to remedy breaches identified in qualified accountant's reports. He admitted recklessness. Dishonesty and recklessness were alleged but the SRA, given the proposed sanction, withdrew the dishonesty allegations as disproportionate to pursue; the Tribunal made no finding of dishonesty. The Tribunal found his conduct reckless in the extreme and struck him off the Roll, ordering costs of £6,582.88. The matter was resolved by agreed outcome on the papers.

Duties found breached:

• Accounting records, reconciliation and reports
• Act only on proper, lawful instructions
• No improper use of client money
• Non-discriminatory acceptance and cab-rank

Aggravating factors:

• Admitted reckless conduct in material breach of obligation to protect the public and maintain confidence in the profession
• Conduct continued over a five-year period
• Improper use of a significant amount of client money for his own benefit and that of the firm
• Significant harm caused to the profession's reputation and to third-party suppliers (owed over £647,000 at administration)
• Knew by 2021 at latest the conduct was improper and a striking-off issue yet took no action to remedy

Mitigating factors:

• Admitted all three allegations and admitted recklessness
• Co-operated and accepted he should be struck off