Solicitor(s): Alan John Nicoll, 33 Victoria Road, Ballater
Tribunal Date: 02/08/2018
Appeal Status:No Appeal
Edinburgh 2 August 2018. The Tribunal having considered the amended Complaint dated 27 June 2018 at the instance of the Council of the Law Society of Scotland against Alan John Nicoll, 33 Victoria Road, Ballater; Find the Respondent guilty of professional misconduct in respect that he acted in a conflict of interest situation (i) in relation to the advice he provided on the validity of the contract to purchase the Secondary Complainer’s shares; and (ii) in relation to the conditions of settlement proposed as part of the offer to settle the Secondary Complainer’s claims against the Company; Censure the Respondent; Fine the Respondent in the sum of £2,000 to be forfeit to Her Majesty; Find the Respondent liable in the expenses of the Complainers and of the Tribunal including 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; Direct that publicity will be given to this decision and that this publicity should include the name of the Respondent, the Complainers and the Secondary Complainer but need not name any other person; and allow the Secondary Complainer 28 days from the date of intimation of these findings to lodge a written claim for compensation with the office of the Tribunal.
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