Decision record
Peter Kenneth Felton Gerber
Allegation / charges
Code of Conduct for Solicitors, REL's & RFL's 2019, Lack of Integrity, Recklessness, SRA Principles 2011, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Peter Kenneth Felton Gerber, a sole practitioner solicitor of 33 years, faced allegations relating to AML compliance failures, false declarations to insurers and the SRA, misuse of client account as a banking facility, and failure to return client funds promptly. The Tribunal found the allegations proved but expressly rejected dishonesty, accepting his genuinely (though unreasonably) held belief in his compliance. It instead found lack of integrity and recklessness. He was fined £45,000 (upper end of Level 4), ordered to pay £60,000 costs, and made subject to indefinite practice restrictions (suspended until 4 April 2025) preventing sole practice, holding client money, and holding compliance roles.
Duties found breached:
- Integrity
- No taking unfair advantage
- Not mislead third parties or opponents
- Uphold public trust in the profession
- Non-discriminatory acceptance and cab-rank
- No conflict between current clients
- Handle inadvertently received material
- No improper use of client money
- Prompt accounting and return of money
- Good faith and courtesy to colleagues
Aggravating factors:
- Misconduct was embedded and persisted for several years without remedy
- Failed to take remedial action even when shortcomings were pointed out
- Conduct was reckless and lacking in integrity
- Experienced solicitor who should have known better
- Limited insight into potential harm to which clients were exposed
- Only acted when SRA imposed practising certificate restriction
Mitigating factors:
- No improper gain and none suggested
- No loss to any party and none suggested
- No complaints or claims against him
- 33 years of unblemished practice, first appearance before Tribunal
- Full cooperation with the SRA and Tribunal
- Early admissions to some allegations
- Strong character references
- Genuine and sincere remorse
- Genuinely (if unreasonably) held belief in his compliance
- May have been struggling as a sole practitioner
⚠ figures not found verbatim in the source were dropped: ["review_dishonesty_finding_cue_present"]
Codes & rules applied
Duties engaged
- Overriding duty to the court
- Not mislead the court
- Cease acting on client perjury or disobedience
- Honesty
- Integrity
- No taking unfair advantage
- Not mislead third parties or opponents
- No bribery or improper gifts
- Personal probity and fitness to practise
- Uphold public trust in the profession
- No unlawful discrimination or harassment
- Non-discriminatory acceptance and cab-rank
- No conflict between current clients
- Handle inadvertently received material
- No improper use of client money
- Prompt accounting and return of money
- Maintain competence and CPD
- Professional indemnity insurance
- Cooperate openly with regulators
- AML and crime-prevention compliance
- Good faith and courtesy to colleagues
- Serve justice and improve the law