Law Society-v-John Clarke Muir
Interlocutor
Edinburgh 15 September 2014. The Tribunal having considered the Complaint as amended at the instance of the Council of the Law Society of Scotland against John Clarke Muir, of Muir Myles Laverty, Meadow Place Buildings, Bell Street, Dundee; Find the Respondent guilty of Professional Misconduct in respect of his failure to adequately supervise his employees who were then acting in the course of their employment in that these employees failed to abide by established practice and the duties which they owed to their clients, being heritable security lenders, and in particular a failure to report to the lenders unusual circumstances, a failure to comply with obligations imposed upon them in terms of the CML Handbook applicable to Scotland and a failure to act with absolute propriety to protect the interests of their clients, being the lenders; Censure the Respondent; Fine him in the sum of £7,500 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; and Direct that publicity will be given to this decision and that this publicity should include the name of the Respondent and may but has no need to include the names of anyone other than the Respondent.
Alistair Cockburn
Chairman
Court of Session Interlocutor:
Edinburgh, 28 May 2015 Lady Dorrian
Lord Malcolm
Lord McGhie
Act: Lake, Q.C. Alt: R. Dunlop, Q.C.
The Lords, having heard counsel on the petition of appeal and answers thereto, Nos. 1 and 10 of process respectively, refuse the prayer of the petition and decern; on the opposed motion of the respondents, made at the bar, find the petitioner liable to the respondents in the expenses of the petition and proceedings; remit the account of expenses, when lodged, to the Auditor of Court to tax; refuse the petitioner's motion for modification of expenses by 50%.
Edinburgh, 28 May 2015 Lady Dorrian
Lord Malcolm
Lord McGhie
The Lords, decerns against the petitioner for payment to the respondents of the expenses referred to in the foregoing interlocutor, of even date, as the same shall be taxed by the Auditor of Court.