Litigation Disciplinary Tribunals 17/12/96

David Lawrence Kelly, 51, admitted 1970, practised on own account at Warrington, Cheshire, successful in application for indefinite suspension, imposed in September 1995, to be lifted. Suspension followed substantiation of allegations that Kelly practised without current practising certificate for type of practice he was running, practised in breach of condition imposed on his practising certificate, failed to deliver accountants report on time. Kelly had previously been before the tribunal in November 1990 when he was fined £1,500 after the tribunal took view that he had adopted "laissez faire" attitude towards accounting. Lifting the suspension, the tribunal recommended to the Law Society that any practising certificate granted to Kelly should include condition he practise only in capacity of employee.

Sarah Dewhurst, cash department clerk with Gordons Wright & Wright, Bradford, at material time, banned from working for any further solicitors without written consent of from the Law Society. Allegations substantiated she admitted taking petty cash belonging to her employers to pay debts accumulated as a result of excessive drinking following breakdown of a long-standing

relationship.

Edwin Ramsey Peart, 60, admitted 1960, practising at material time in partnership of Kidd Spoor at Whitley Bay, Newcastle upon Tyne, Northshields, struck off. Allegations substantiated he misappropriated funds from client account which were held by him on trust for beneficiaries. Tribunal told Peart had since been convicted of criminal offence as result of his activities. He had taken two cheques for £5,000 each to be paid out to beneficiaries and had paid one into his own personal account. The tribunal said he had behaved in a way described as "uncharacteristic" but it could not overlook the fact he had deliberately taken clients' money and been sentenced to a suspended prison sentence as a result of what he had done.