Miller v Law Society Of Sotland Council [1999] ScotCS 296 (15 December 1999)

Miller v Law Society Of Sotland Council [1999] ScotCS 296 (15 December 1999)

Solicitor/reporters, when performing the statutory functions of the Principal Reporter or as delegates under the Local Government etc. (Scotland) Act 1994, are not practising as solicitors within the meaning of the Solicitors (Scotland) Act 1980. Their duties are statutory, not performed for a client, and do not require a practising certificate. The absence of a solicitor-client relationship is decisive.

Citation
[1999] ScotCS 296
Parties
Pursuer: Alan Douglas Miller; Defenders: The Council of the Law Society of Scotland
Jurisdiction
Scotland
Judgment Date
15 December 1999
Procedural Posture
Action of Declarator / Opinion on Procedure Roll (pleadings)
Outcome
Declarator granted in favour of pursuer
Legal Topics
Practising Certificates for Solicitors, Statutory Functions of Principal Reporter, Delegation of Statutory Functions, Solicitor Client Relationship, Professional Misconduct
Administrative Law Professional Regulation Child Law Practising Certificates for Solicitors Statutory Functions of Principal Reporter Delegation of Statutory Functions Solicitor Client Relationship Professional Misconduct

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Parties

Alan Douglas Miller

Pursuer

The Council of the Law Society of Scotland

Defenders

Procedural Posture

Action of Declarator / Opinion on Procedure Roll (pleadings)

Legal Issues

  1. 1 Whether the Principal Reporter and officers of the Scottish Children's Reporter Administration who are solicitors require to hold practising certificates when performing statutory functions
  2. 2 Whether such officers are 'practising as solicitors' under the Solicitors (Scotland) Act 1980 when carrying out reporter duties

Ratio Decidendi

Solicitor/reporters, when performing the statutory functions of the Principal Reporter or as delegates under the Local Government etc. (Scotland) Act 1994, are not practising as solicitors within the meaning of the Solicitors (Scotland) Act 1980. Their duties are statutory, not performed for a client, and do not require a practising certificate. The absence of a solicitor-client relationship is decisive.

Court Disposition

Declarator granted in favour of pursuer

Orders

  • It is declared that the pursuer, by virtue of his appointment as Principal Reporter, may lawfully carry out his statutory functions without holding a practising certificate.
  • It is declared that officers of the Scottish Children's Reporter Administration who are solicitors but do not hold practising certificates may lawfully exercise delegated statutory functions without such certificate.