PETITION OF ALAN COWAN FOR QUASHING A DECISION OF THE SCOTTISH SOLICITORS' DISCIPLINE TRIBUNAL [2014] ScotCS CSIH_11 (03 October 2013)

PETITION OF ALAN COWAN FOR QUASHING A DECISION OF THE SCOTTISH SOLICITORS' DISCIPLINE TRIBUNAL [2014] ScotCS CSIH_11 (03 October 2013)

The Tribunal's decision was vitiated by material errors in its understanding of the evidence, reliance on irrelevant matters not the subject of the complaint, and improper retrospective application of statutory provisions. The finding of unsatisfactory professional conduct against the petitioner cannot stand.

Citation
[2014] ScotCS CSIH_11
Parties
Petitioner: Alan Cowan; First Respondent: Mr Hardey; Second Respondent: The Council of the Law Society of Scotland; Third Respondent: The Scottish Solicitors' Discipline Tribunal
Jurisdiction
Scotland
Judgment Date
03 October 2013
Procedural Posture
Petition for Judicial Review / Statutory Appeal / Appeal Against Disciplinary Tribunal Decision
Outcome
Petition allowed; decision of the Tribunal quashed insofar as it relates to complaint 1A.
Legal Topics
Solicitors' Professional Conduct, Statutory Interpretation, Tribunal Procedure, Retrospective Application of Law
Professional Discipline Administrative Law Solicitors' Professional Conduct Statutory Interpretation Tribunal Procedure Retrospective Application of Law

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Parties

Alan Cowan

Petitioner

Mr Hardey

First Respondent

The Council of the Law Society of Scotland

Second Respondent

The Scottish Solicitors' Discipline Tribunal

Third Respondent

Procedural Posture

Petition for Judicial Review / Statutory Appeal / Appeal Against Disciplinary Tribunal Decision

Legal Issues

  1. 1 Whether the Scottish Solicitors' Discipline Tribunal erred in upholding a complaint of unsatisfactory professional conduct against the petitioner
  2. 2 Whether the Tribunal took into account matters not the subject of the complaint
  3. 3 Whether the Tribunal misapplied the law by considering conduct predating the statutory regime

Ratio Decidendi

The Tribunal's decision was vitiated by material errors in its understanding of the evidence, reliance on irrelevant matters not the subject of the complaint, and improper retrospective application of statutory provisions. The finding of unsatisfactory professional conduct against the petitioner cannot stand.

Court Disposition

Petition allowed; decision of the Tribunal quashed insofar as it relates to complaint 1A.

Orders

  • The decision of the Scottish Solicitors' Discipline Tribunal dated 27 September 2012 is quashed insofar as it relates to complaint 1A.
  • No remit to the Tribunal for reconsideration.