Skip to main content
BETA Regulatory Records. 3 minutes will help us improve.
Home
Menu
Search

Main navigation

  • At home
  • At work
  • In business
  • About

Main navigation

  • At home
  • At work
  • In business
  • About
  1. Home
  2. Disciplinary & Regulatory Records
  3. Gary Whitaker

Disciplinary Record - Gary Whitaker

Regulatory settlement agreement
Give feedback
Thank you. This feedback helps us to improve.

Disciplinary Record

Gary Whitaker

Regulatory settlement agreement

Details
Decision date
17/04/2024
Published date
26/04/2024

Decision - Agreement Outcome: Regulatory settlement agreement ...

Decision - Agreement

Outcome: Regulatory settlement agreement

Outcome date: 17 April 2024

Published date: 26 April 2024

Firm details

Firm or organisation at time of matters giving rise to outcome

Name: DAS Law Limited

Address(es): Trinity Quay, 2 Avon Street, Bristol, BS2 0PT

Firm ID: 423113

Firm or organisation at date of publication

Name: Scott Rowe Limited

Address(es): Chard Street, Axminster, Devon, EX13 5DS

Firm ID: 599338

Outcome details

This outcome was reached by agreement.

Decision details
1. Agreed outcome

Gary Gray Whitaker, a solicitor of Scott Rowe Limited, agrees to the following outcome to the investigation of his conduct by the Solicitors Regulation Authority (SRA):

  1. he is rebuked
  2. to the publication of this agreement
  3. he will pay the costs of the investigation of £600.
2. Summary of Facts

2.1 On 18 October 2021, Mr Whitaker’s opposing solicitors in personal injury litigation emailed him with a Calderbank offer and an offer under Part 36 of the Civil Procedure Rules to settle the claim made by his client. The Calderbank offer was open for acceptance until 1 November 2021. The Part 36 offer was open until 8 November 2021.

2.2 On 23 November 2021, Mr Whitaker emailed his opposing solicitors on the purported behalf of his client. Mr Whitaker stated that his client had instructed him to reject both offers.

2.3 Mr Whitaker had not been instructed by his client to reject either offer. Nor had he provided any advice to his client about either offer.

3. Admissions

3.1 Mr Whitaker makes the following admissions which the SRA accepts:

  1. That by rejecting a Calderbank offer and a Part 36 offer received from opposing solicitors in litigation without having his client’s instructions to do so, he failed to act in a way that upholds public trust and confidence in the solicitors' profession and in legal services provided by authorised persons, in breach of Principle 2 of the SRA Principles (“the Principles”). He also breached Paragraph 3.1 of the SRA Code of Conduct for Solicitors, RELs and RFLs (“the Code”).
  2. That he misled his opposing solicitors in litigation by advising them that his client had instructed him to reject a Calderbank offer and a Part 36 offer, when Mr Whitaker had not received any such instructions. He has therefore breached Paragraph 1.4 of the Code.
4. Why a written rebuke in an appropriate outcome

4.1 The SRA’s Enforcement Strategy sets out its approach to the use of its enforcement powers where there has been a failure to meet its standards or requirements.

4.2 When considering the appropriate sanctions and controls in this matter, the SRA has taken into account the admissions made by Mr Whitaker and the following mitigation which he has put forward:

  1. His conduct did not cause any actual impact or loss to his client. His client later advised him that he did not wish to accept either offer.
  2. He was experiencing difficult personal circumstances at the time of his conduct which may have affected his judgment and conduct.
  3. He does not have any prior regulatory history. We consider that there is a low risk of repetition.

4.3 The SRA considers that a written rebuke is the appropriate outcome because:

  1. Mr Whitaker’s conduct was reckless as to the risk of harm. He could have caused financial detriment to his client as there was no guarantee that his client would be awarded settlement or compensation on more favourable terms. There also existed the possibility that his client could have instructed him to accept either offer. Mr Whitaker removed that option. Some public sanction is therefore required to uphold public confidence in the delivery of legal services.
  2. As an experienced solicitor, Mr Whitaker would have been aware that he should only give information to others which is accurate and not in any way misleading. He failed to act accordingly.
  3. Mr Whitaker was responsible for his conduct.
5. Publication

5.1 The SRA considers it appropriate that this agreement is published in the interests of transparency in the regulatory and disciplinary process. Mr Whitaker agrees to the publication of this agreement.

6. Acting in a way which is inconsistent with this agreement

6.1 Mr Whitaker agrees that he will not deny the admissions made in this agreement or act in any way which is inconsistent with it.

6.2 If Mr Whitaker denies the admissions or acts in a way which is inconsistent with this agreement, the conduct which is subject to this agreement may be considered further by the SRA. That may result in a disciplinary outcome or a referral to the Solicitors Disciplinary Tribunal on the original facts and allegations.

6.3 Denying the admissions made or acting in a way which is inconsistent with this agreement may also constitute a separate breach of principles 2 and 5 of the Principles and paragraph 7.3 of the Code of Conduct for Solicitors, RELs and RFLs.

7. Costs

7.1 Mr Whitaker agrees to pay the costs of the SRA's investigation in the sum of £600. Such costs are due within 28 days of a statement of costs due being issued by the SRA.

Solicitors Regulation Authority (SRA) records last published to this site at 7:40am on 01 July 2025. Originally published on the Solicitors Regulation Authority (SRA) website.

Give feedback
Thank you. This feedback helps us to improve.
Thank you. This feedback helps us to improve.

Footer menu

  • Accessibility
  • Getting in touch
  • Privacy and cookies
  • Terms and conditions of use

CLC CLSB The Faculty Office ICAEW CILEx Regulation IPReg SRABSB

  • Twitter
  • Facebook
  • YouTube
© Legal Choices All Rights Reserved
Got a spare 5 minutes to help us improve our website?

I'll do itNo thanks

  • At home
    • Arrested
      • My child has been arrested
    • Carers
      • Why baby boomers should care about Britney
    • Claims
      • Problems with your pension?
      • No win no fee
    • Courts
      • I'm due in court
        • I'm due in a criminal court
        • I'm due in a civil court
        • I'm due in a Family court
        • I’m under 18 and going to court
      • I want to take someone to court
        • High value claims
        • Small claims
        • Personal injury
      • I want to represent myself in court
      • The lowdown on going to court
    • Debt
    • Families
      • Divorce
      • I'm young and have a problem
      • I've got family problems
      • Meeting your family lawyer for the first time?
      • Understanding family law
      • Domestic abuse
    • Housing
      • Buying and selling: Finding a legal adviser
      • ID and money home-buying checks - why they are needed
      • Problems with buying or selling
      • Evictions - England
      • Evictions - Wales
      • Rent money, deposits and fees - England
      • Rent Money, Deposits and Fees – Wales
      • Repairs and poor living conditions - England
      • Repairs and poor living conditions - Wales
      • Being a landlord
    • Immigration and emigration
      • Immigration solicitors and legal advisers
      • Asylum
      • Emigration
    • Injuries
      • Negligence
    • Legal documents
    • My legal bill
    • Pets
      • What to consider before buying a pet
      • How old do I need to be to own a pet?
      • What pets are legal in the UK
      • Pet purchase protection
      • Pet owner responsibilities
      • Microchipping
    • Rights
      • I have been discriminated against
      • I want to know my rights
      • Your consumer rights this Christmas 
      • Your guide to defamation
    • Wills
      • I want to challenge a will
      • I want to make a will
      • Probate
      • Simpler choices when you make a will
  • At work
    • Confidentiality
    • Problems at work
      • Mental health in the workplace
      • Got a legal issue at work?
      • I’m not happy about something my employer has done
      • Speaking up about sexual harassment – Three things you should know
    • Employment rights
      • Covid vaccine: Can workers be forced to have the jab?
      • Time off
    • Redundancy and dismissal
      • Employment rights and dismissal
      • Redundancy and the law
  • In business
    • Copyright and ideas
      • Control of your images online 
      • Legal protection for ideas
      • Protecting ideas
    • Lawyer checklist
    • Factsheet: Business structure
    • Factsheet: Employment law
    • Factsheet: Tax law
    • Factsheet: Insurance for small business
    • Factsheet: Trading law
    • Factsheet: Premises and property
  • About
    • Types of legal advisers
      • Regulated legal advisers
        • Barristers
        • Chartered Legal Executives and CILEx Practitioners
        • Costs Lawyers
        • ICAEW Chartered Accountants and Legal Services
        • Immigration Advisers
        • Licensed Conveyancers
        • Notaries
        • Solicitors
        • Trade Mark Attorneys and Patent Attorneys
      • Other legal advisers
        • Charity and Trade Union Advisers
        • McKenzie Friends
        • Mediators
        • Paralegals
        • Will Writers
      • Legal market place
        • Customer reviews and comparison sites
          • Finding out more on the provider’s website
          • Choosing a legal adviser – other factors
          • Leaving a review
          • Complaints to legal services providers
        • DIY
        • My legal options
    • Registers of legal professionals
    • Contact a legal regulator
    • If you want to complain
    • Legal costs
      • Conditional and contingency fee agreements
      • Law Centres
      • Legal aid
      • Legal insurance
      • Paying in instalments
      • Questions to ask lawyers
      • Sources of free legal advice
      • The Money Helper site
      • Why money laundering checks are important
    • About the Legal Choices website
      • Accessibility
      • Disclaimer statement
      • Privacy
      • Terms and conditions of use
    • Going online to find a legal adviser?
    • Can I handle some of my legal work myself?
    • What to expect from your legal adviser
Feedback
Thank you. This feedback helps us to improve.
Back to top