Hill v Law Society Of Scotland Council [2000] ScotCS 196 (14 July 2000)

Hill v Law Society Of Scotland Council [2000] ScotCS 196 (14 July 2000)

Interdict is not a competent or appropriate remedy after the withdrawal of a practising certificate where a statutory appeal under section 40(3) of the Solicitors (Scotland) Act 1980 is available and has not been exhausted. The statutory remedy must be pursued in preference to interdict, which is prohibitory and not rectificatory. The appeal is therefore refused.

Citation
[2000] ScotCS 196
Parties
Pursuer and Appellant: Bernard Hill; Defenders and Respondents: The Council of the Law Society of Scotland
Jurisdiction
Scotland
Judgment Date
14 July 2000
Procedural Posture
Appeal From Sheriff Court (interdict Action) / Appeal to Court of Session, Inner House, Extra Division
Outcome
Appeal refused
Legal Topics
Interdict, Statutory Remedies, Solicitors' Practising Certificates, Jurisdiction of Statutory Appeals
Administrative Law Professional Regulation Interdict Statutory Remedies Solicitors' Practising Certificates Jurisdiction of Statutory Appeals

Case Brief

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Parties

Bernard Hill

Pursuer and Appellant

The Council of the Law Society of Scotland

Defenders and Respondents

Procedural Posture

Appeal From Sheriff Court (interdict Action) / Appeal to Court of Session, Inner House, Extra Division

Legal Issues

  1. 1 Whether interdict is a competent and appropriate remedy after withdrawal of a practising certificate under the Solicitors (Scotland) Act 1980
  2. 2 Whether statutory appeal under section 40(3) of the 1980 Act is the exclusive remedy after withdrawal
  3. 3 Whether the pursuer is entitled to seek rectification by interdict for a completed act

Ratio Decidendi

Interdict is not a competent or appropriate remedy after the withdrawal of a practising certificate where a statutory appeal under section 40(3) of the Solicitors (Scotland) Act 1980 is available and has not been exhausted. The statutory remedy must be pursued in preference to interdict, which is prohibitory and not rectificatory. The appeal is therefore refused.

Court Disposition

Appeal refused

Orders

  • Appeal dismissed
  • Matter of expenses continued for further motion