The panel members were Mr Richard Hair PPNAEA (Honoured) (member panellist acting as the Chairperson for the Tribunal), Mrs Mary Charsley FARLA (member panellist) and Mr Stephen Shaw CBE (lay panellist). The presenting Case Officer for Propertymark was Miss Laura Hanley-Gorton. The member was present before the Tribunal accompanied by his accountant Mr Ben Watkins.
The Tribunal considered the allegations set out in the case summary sent to Mr Gidney on 4 December 2019. It was alleged that Mr Gidney had acted in breach of the following Conduct and Membership Rules:
- Rule 1.5: Provision of this Rule to relevant staff and the Reporting Accountant
- Rule 1.7: Access to, or availability of, Client Money
- Rule 1.14: Payments out of a Client (Bank) Account
- Rule 12: General duty to uphold high standards of ethical and professional behaviour
- Rule 20: Continuing professional development (CPD) rules
The Tribunal carefully considered the allegations and the submissions from the Case Officer and Mr Gidney before announcing their findings.
- Rule 1.5: Admitted
- Rule 1.7: Admitted
- Rule 1.14: Admitted
- Rule 12: Not proven
- Rule 20: Admitted
Mr Gidney entered a plea in mitigation.
- Rule 1.5: Formal warning
- Rule 1.7: Formal warning
- Rule 1.14: Formal warning
- Rule 20: £100
In addition, costs were imposed of £145 in favour of Propertymark.
The Tribunal made the following statement:
'We thank you Mr Gidney and your accountant for attending today, your input has been very helpful.
'We are also very pleased to see that additional security procedures are now in place.'
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