Law Society Of Scotland v. Shepherd [2005] ScotCS CSIH_77 (17 November 2005)

Law Society Of Scotland v. Shepherd [2005] ScotCS CSIH_77 (17 November 2005)

The tribunal was entitled to conclude, based on the facts and its expertise, that the respondent's failures to report accurately to lenders did not amount to professional misconduct, as there was no evidence of knowing misrepresentation or recklessness, and the failures could be attributed to error or negligence.

Citation
[2005] ScotCS CSIH_77
Parties
Petitioner: The Council of the Law Society of Scotland; Respondent: Richard Douglas McKenzie Shepherd
Jurisdiction
Scotland
Judgment Date
17 November 2005
Procedural Posture
Petition for Review of Disciplinary Tribunal Decision / Appellate Review (court of Session, Inner House)
Outcome
Petition refused
Legal Topics
Professional Misconduct, Solicitor's Duties, Conveyancing, Misrepresentation, Standard of Review
Professional Discipline Legal Ethics Professional Misconduct Solicitor's Duties Conveyancing Misrepresentation Standard of Review

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Parties

The Council of the Law Society of Scotland

Petitioner

Richard Douglas McKenzie Shepherd

Respondent

Procedural Posture

Petition for Review of Disciplinary Tribunal Decision / Appellate Review (court of Session, Inner House)

Legal Issues

  1. 1 Whether the respondent's failures to accurately report to lenders amounted to professional misconduct
  2. 2 Whether the tribunal misdirected itself or was plainly wrong in its findings

Ratio Decidendi

The tribunal was entitled to conclude, based on the facts and its expertise, that the respondent's failures to report accurately to lenders did not amount to professional misconduct, as there was no evidence of knowing misrepresentation or recklessness, and the failures could be attributed to error or negligence.

Court Disposition

Petition refused

Orders

  • Prayer of the petition refused