Appeal under Section 42ZA - Robert Kidd

By Video Conference, 11 June 2021.  The Tribunal, having considered the parties’ written and oral submissions; Makes no award of compensation; Finds no expenses due to or by any party in relation to all expenses incurred up to and including the preliminary hearing which was the subject of the Tribunal’s Interlocutor of 24 June 2020, and thereafter Finds each Respondent liable in respect of one-half of the expenses of the Appellant and of the Tribunal including the expenses of the Clerk chargeable on a time and line basis as the same may be taxed by the Auditor of the Court of Session on an agent and client, client paying basis in terms of Chapter Three of the last published Law Society’s Table of Fees for General Business with a unit rate of £14.00; Certifies the cause as appropriate for the employment of Senior Counsel; and Directs that publicity will be given to the decisions of the Tribunal of 24 June 2020, 30 September 2020, 8 February 2021, and this decision of 11 June 2021, and that this publicity should include the names of the parties to the appeal.

Ben Kemp

Vice Chair

Interlocutor of 8 February 2021:

By Video Conference, 8 February 2021.  The Tribunal having considered the Appeal under Section 42ZA(10) of the Solicitors (Scotland) Act 1980 by Robert Kidd, 12 Mykinon, Germasogeia, Limassol 4045, Cyprus (hereinafter referred to as “the Appellant”) against the Determination made by the Council of the Law Society of Scotland, Atria One, 144 Morrison Street, Edinburgh (hereinafter referred to as “the First Respondent”) dated 9 January 2020 not to uphold a complaint of unsatisfactory professional conduct made by the Appellant; Uphold the Appeal; Quash the Determination of the First Respondent in respect of head of complaint 3 and make a Determination upholding that head of complaint against Scott Allan, Solicitor, c/o Shepherd & Wedderburn LLP, Commercial House, 2 Rubislaw Terrace, Aberdeen (hereinafter referred to as “the Second Respondent”);  Continue the hearing to a date to be afterwards fixed; and Allow parties a period of 21 days from the date of intimation of these findings to lodge written submissions on compensation, publicity and expenses.

 Ben Kemp

 Vice Chair

Interlocutor of 30 September 2020:

By Video Conference, 30 September 2020.  The Tribunal having considered parties’ submissions; fixes a hearing for 14 December 2020 at 11:30am; and reserves all questions of publicity and expenses meantime.

Ben Kemp

Vice Chair

Interlocutor of 24 June 2020:

By Video Conference, 24 June 2020.  The Tribunal having considered the First and Second Respondents’ motions to dismiss the Appeal; Refuses said motions; Continues the case to a procedural hearing to be afterwards fixed; and Reserves all questions of publicity and expenses meantime.

  Ben Kemp

Acting Vice Chair