Murnin v The Scottish Legal Complaints Commission & Anor [2012] ScotCS CSIH_34 (03 April 2012)

Murnin v The Scottish Legal Complaints Commission & Anor [2012] ScotCS CSIH_34 (03 April 2012)

The Scottish Legal Complaints Commission was entitled to treat the gravity of the alleged misconduct as an exceptional circumstance under Rule 4(6) and accept the late complaint. The Commission, as a specialist body, is best placed to determine what is exceptional. There was no error of law, irrationality, procedural unfairness, or inadequacy of reasons in the decision.

Citation
[2012] ScotCS CSIH_34
Parties
Appellant: William Murnin; First Respondent: The Scottish Legal Complaints Commission; Second Respondent: The Law Society of Scotland
Jurisdiction
Scotland
Judgment Date
03 April 2012
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal refused
Legal Topics
Time Bar of Complaints, Exceptional Circumstances, Procedural Fairness, Legal Profession Regulation
Professional Discipline Administrative Law Time Bar of Complaints Exceptional Circumstances Procedural Fairness Legal Profession Regulation

Case Brief

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Parties

William Murnin

Appellant

The Scottish Legal Complaints Commission

First Respondent

The Law Society of Scotland

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Scottish Legal Complaints Commission erred in law by accepting a late complaint based solely on the gravity of the alleged misconduct as an exceptional circumstance under Rule 4(6) of its 2009 Rules.
  2. 2 Whether procedural fairness required the appellant to be given an opportunity to respond to the respondents' submissions on exceptional circumstances.
  3. 3 Whether the reasons given for accepting the complaint out of time were adequate.

Ratio Decidendi

The Scottish Legal Complaints Commission was entitled to treat the gravity of the alleged misconduct as an exceptional circumstance under Rule 4(6) and accept the late complaint. The Commission, as a specialist body, is best placed to determine what is exceptional. There was no error of law, irrationality, procedural unfairness, or inadequacy of reasons in the decision.

Court Disposition

appeal refused

Orders

  • Appeal refused.
  • Expenses reserved.