Hood, Re Review of a Decision of The Scottish Solicitors' Discipline Tribunal [2017] ScotCS CSIH_21 (07 March 2017)

Hood, Re Review of a Decision of The Scottish Solicitors' Discipline Tribunal [2017] ScotCS CSIH_21 (07 March 2017)

The Tribunal was entitled to find, on the correspondence as a whole, that authority to market the property was given; the failure to issue a terms of engagement letter in the circumstances did not amount to unsatisfactory professional conduct; there was no conflict of interest as both parties wanted the property sold; the evaluative decisions of the Tribunal and sub-committee were justified and not open to interference.

Citation
[2017] ScotCS CSIH_21
Parties
Petitioner/appellant: Alistair Kenny Smith Hood; First Respondent: Council of the Law Society of Scotland
Jurisdiction
Scotland
Judgment Date
07 March 2017
Procedural Posture
Judicial Review / Statutory Appeal / Appeal From Scottish Solicitors’ Discipline Tribunal to Inner House, Court of Session
Outcome
Appeal refused
Legal Topics
Unsatisfactory Professional Conduct, Authority to Act, Conflict of Interest, Terms of Engagement, Disciplinary Appeals
Professional Discipline Legal Profession Regulation Unsatisfactory Professional Conduct Authority to Act Conflict of Interest Terms of Engagement Disciplinary Appeals

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Parties

Alistair Kenny Smith Hood

Petitioner/appellant

Council of the Law Society of Scotland

First Respondent

Procedural Posture

Judicial Review / Statutory Appeal / Appeal From Scottish Solicitors’ Discipline Tribunal to Inner House, Court of Session

Legal Issues

  1. 1 Whether WR and his firm marketed property without authority or consent of joint owner
  2. 2 Whether failure to issue terms of engagement letter amounted to unsatisfactory professional conduct
  3. 3 Whether there was an actual or potential conflict of interest in WR acting for both parties

Ratio Decidendi

The Tribunal was entitled to find, on the correspondence as a whole, that authority to market the property was given; the failure to issue a terms of engagement letter in the circumstances did not amount to unsatisfactory professional conduct; there was no conflict of interest as both parties wanted the property sold; the evaluative decisions of the Tribunal and sub-committee were justified and not open to interference.

Court Disposition

Appeal refused

Orders

  • Appeal refused