Appeal by Adrian Russo against The Council of the Law Society of Scotland (Sheriff Appeal Court Civil) [2026] SACCIV 22 (14 April 2026)

Appeal by Adrian Russo against The Council of the Law Society of Scotland (Sheriff Appeal Court Civil) [2026] SACCIV 22 (14 April 2026)

The sheriff erred in applying a test of 'essential' witness rather than relevance, but the appeal was refused because the evidence sought from Ms Donkor was not relevant to the issues before the SSDT. The appellant's actions, not Ms Donkor's state of mind or conduct, were the subject of the complaint. The matters the appellant wished to prove were either admitted, agreed, or irrelevant to the charge of professional misconduct.

Citation
[2026] SACCIV 22
Parties
Pursuer and Appellant: Adrian Russo; Defender and Respondent: The Council of the Law Society of Scotland
Jurisdiction
Scotland
Judgment Date
14 April 2026
Procedural Posture
Appeal (civil, Summary Application) / Appeal Against Refusal of Letters of Second Diligence
Outcome
Appeal refused; summary application dismissed.
Legal Topics
Compulsion of Witnesses, Professional Misconduct, Conflict of Interest, Solicitors' Discipline, Letters of Second Diligence
Professional Discipline Civil Procedure Compulsion of Witnesses Professional Misconduct Conflict of Interest Solicitors' Discipline Letters of Second Diligence

Case Brief

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Parties

Adrian Russo

Pursuer and Appellant

The Council of the Law Society of Scotland

Defender and Respondent

Procedural Posture

Appeal (civil, Summary Application) / Appeal Against Refusal of Letters of Second Diligence

Legal Issues

  1. 1 Whether the sheriff erred in refusing to grant letters of second diligence to compel a witness's attendance before the SSDT
  2. 2 What is the correct test for granting letters of second diligence under paragraph 12 of Schedule 4 to the Solicitors (Scotland) Act 1980
  3. 3 Whether the evidence sought from the witness was relevant to the issues before the SSDT

Ratio Decidendi

The sheriff erred in applying a test of 'essential' witness rather than relevance, but the appeal was refused because the evidence sought from Ms Donkor was not relevant to the issues before the SSDT. The appellant's actions, not Ms Donkor's state of mind or conduct, were the subject of the complaint. The matters the appellant wished to prove were either admitted, agreed, or irrelevant to the charge of professional misconduct.

Court Disposition

Appeal refused; summary application dismissed.

Orders

  • Refuse the appeal.
  • Adhere to the sheriff's interlocutor.