Scottish Solicitors' Discipline Tribunal - On-Line Findings Database

Appeal under Section 42A: Messrs Robertson & Ross

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Solicitor(s)

Messrs Robertson & Ross, Solicitors, 7 Causeyside Street, Paisley

Tribunal Date

06/12/2006

Appeal Status

No Appeal

Downloads

Interlocutor

Edinburgh 6th December 2006. The Tribunal having considered the Appeal by Messrs Robertson & Ross, Solicitors, 7 Causeyside Street, Paisley (“the Appellants”) against a Determination and Direction made by the Council of the Law Society of Scotland (“the Law Society”) that the Appellants had provided an inadequate professional service to Mrs A, Property 1 (“the Lay Complainer”), Vary the Determination and Direction of the Law Society and Direct in terms of Section 42A(2)(c) of the Solicitors (Scotland) Act 1980 that the Appellants, at their own expense, refer their files to law accountants within 21 days of the date of this decision in order that fees for the work carried out prior to Legal Aid being granted can be calculated at Legal Aid rates; Determine in terms of Section 42A(2)(a)(ii) of the said Act that the fees to which the Appellants are entitled for pre-Legal Aid work should be at Legal Aid rates abated by 25%; and further Direct the Appellants in terms of Section 42A(3) of the said Act to repay to the Lay Complainer the sum of £31,200 (comprising £200 received on 27th April 1994 and £31,000 on 14th April 1999) plus interest at 5.34% per annum, applied twice annually on a compound basis, on the said sums from receipt until repayment after deduction of a) £20,000 paid on 3rd June 2003 and b) the abated fee, all within three months of this decision being notified to them; find the Appellants liable in the expenses of the Law Society and the Tribunal as the same may be taxed by the Auditor of the Court of Session on a solicitor and client indemnity basis in terms of Chapter Three of the last published Law Society’s Table of Fees for General Business with a unit rate of £11.85 and Direct that publicity be given to this decision and that this publicity should include the name of the Appellants.

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