Appeal under Section 42ZA - John Hardey
Interlocutor
Edinburgh 27 September 2012. The Tribunal having considered the Appeal by John Hardey, 73 Stonefield Road, Blantyre (hereinafter referred to as “the Appellant”) against a Decision by the Council of the Law Society (hereinafter referred to as “the First Respondent) dated 3 March 2011, not to uphold a complaint of unsatisfactory professional conduct in respect of Head of Complaint 1A and Head of Complaint 1B against Alan Cowan, Solicitor Advocate, Messrs Simpson & Marwick, 58 Albany Street, Edinburgh (hereinafter referred to as “Second Respondent”); Quash the Determination of the Law Society in respect of Head of Complaint 1A and Uphold Head of Complaint 1A; Confirm the Determination in respect of Head of Complaint 1B; Make no award of Compensation.
Vice Chairman
The Findings of 27 September 2012 were appealed to the Court of Session. The Court's Interlocutor:
Edinburgh 03 October 2013. The Lords having heard counsel for the petitioner, the party first respondent personally and counsel for the second respondents on the summar roll, quash the decision of the Tribunal dated 27 September 2012; refuse to remit to the Tribunal for further procedure; find that the only complaint before the Tribunal namely complaint 1A was without merit; continue the proceedings on the question of expenses, in respect that any motion for expenses should be enrolled after the written decision of the Court is issued.
(The full Opinon is accessible here)
The Court's Interlocutor remitting the case back to the Tribunal to decide on expenses and publicity:
Edinburgh 14 May 2014
Lady Paton
Lord Menzies
Lady Clark of Calton
The Lords, having heard counsel for the Petitioner and Second Respondents on their respective motions enrolled on 13th February 2014 and the First Respondent personally in opposition thereto, in light of the opinion of the court dated 3rd October 2013, Remit section (a) of the said motions to the Scottish Solicitors Discipline Tribunal on the whole question of the expenses of the hearing before them which is the subject of these proceedings and Direct them to make no award of expenses against the Petitioner or the First Respondent in respect of the Tribunal’s expenses; Find the First Respondent liable to the Petitioner in the expenses of the Petition and proceedings and Remit an account thereof when lodged to the Auditor of Court to tax and to report; Find no expenses due to or by as between the First Respondent and the Second Respondent; Grant authority for any extract of this interlocutor to be in the name of Adrian Russo also known as John Hardey and Decern.
The Tribunal's Decision in relation to Competency, Expenses and Publicity can be found here.