Law Society-v-Simon Kennedy Duncan

Edinburgh, 2 June 2023, The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Simon Kennedy Duncan, Solicitor, Flat G/L, 603 Clarkston Road, Glasgow; Find the Respondent guilty of professional misconduct in respect that he: Failed to communicate with the Complainers, the Scottish Legal Complaints Commission, his own clients and other solicitors; Breached Rules B1.2 and B1.9.1 of the Law Society of Scotland Practice Rules 2011; Breached Rules B6, B6.3.1, B6.4.1, B6.6.1, B6.7.1, B6.7.3, B6.11.1, B6.13.1, B6.13.2, B6.13.3 and B6.18.7 all of the Law Society of Scotland Practice Rules 2011; Failed to respond to and implement mandates; Unduly delayed in progressing, or making substantial progress in, claims; Failed to obtain a Medical Report, failed to provide documentation and raised a Court Action without instructions; Failed to act in a client’s best interests in respect of advice on and instruction of an expert Report, and inappropriately withdrew from acting; Censure the Respondent; Direct in terms of Section 53(5) of the Solicitors (Scotland) Act 1980 that for an aggregate period of ten years, any practising certificate held or issued to the Respondent shall be subject to such restriction as will limit him to acting as a qualified assistant to such employer or successive employers as may be approved by the Council of the Law Society of Scotland or the Practising Certificate Sub Committee of the Council of the Law Society of Scotland; 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 and the Secondary Complainers but need not identify any other person; and Allow the Secondary Complainers 28 days from the date of intimation of these findings to lodge a claim for compensation if so advised.

North Berwick,  24 November 2023. The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Simon Duncan, Flat G/L, 603 Clarkston Road, Glasgow; Allows the Secondary Complainer, Debra Currie, 51 Blair Road, Calderwood, to withdraw her Claim for Compensation; and Finds no expenses due to or by any party in relation to the Claim for Compensation.

North Berwick, 27 November 2023. The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Simon Kennedy Duncan, Flat G/L, 603 Clarkston Road, Glasgow; Allows the Secondary Complainer Caroleanne Dunn, 19 Broadleys Avenue, Bishopbriggs, Glasgow to withdraw her claim for compensation; and Finds no expenses due to or by any party in relation to the claim for compensation.

Ben Kemp

Vice Chair