TASMINA AHMED-SHEIKH AGAINST SCOTTISH SOLICITORS' DISCIPLINE TRIBUNAL [2019] ScotCS CSOH_104 (13 December 2019)

TASMINA AHMED-SHEIKH AGAINST SCOTTISH SOLICITORS' DISCIPLINE TRIBUNAL [2019] ScotCS CSOH_104 (13 December 2019)

Judicial review is incompetent because the statutory scheme permits appeal on expenses alone from the Tribunal; petitioner failed to exhaust statutory remedy. Tribunal's practice of awarding agent and client expenses is lawful, discretionary, and not unreasonable or inadequately reasoned.

Citation
[2019] ScotCS CSOH_104
Parties
Petitioner: Tasmina Ahmed-Sheikh; First Respondent: Scottish Solicitors’ Discipline Tribunal; Second Respondent: Council of the Law Society of Scotland
Jurisdiction
Scotland
Judgment Date
13 December 2019
Procedural Posture
Judicial Review / Final Judgment
Outcome
petition dismissed as incompetent
Legal Topics
Judicial Review, Statutory Appeals, Expenses in Disciplinary Proceedings, Statutory Interpretation
Professional Discipline Administrative Law Judicial Review Statutory Appeals Expenses in Disciplinary Proceedings Statutory Interpretation

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Parties

Tasmina Ahmed-Sheikh

Petitioner

Scottish Solicitors’ Discipline Tribunal

First Respondent

Council of the Law Society of Scotland

Second Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Is judicial review competent where statutory appeal on expenses was not exhausted?
  2. 2 Does the statutory scheme permit appeal on expenses alone from the Tribunal?
  3. 3 Did the Tribunal err in law, act unreasonably, fail to provide adequate reasons, or fetter its discretion in awarding agent and client expenses?

Ratio Decidendi

Judicial review is incompetent because the statutory scheme permits appeal on expenses alone from the Tribunal; petitioner failed to exhaust statutory remedy. Tribunal's practice of awarding agent and client expenses is lawful, discretionary, and not unreasonable or inadequately reasoned.

Court Disposition

petition dismissed as incompetent

Orders

  • first plea in law of each respondent sustained
  • petition dismissed