Annual Report for the Year ending 31 October 2024

It has been another busy year for the Scottish Solicitors’ Discipline Tribunal. I am delighted to present the Annual Report for the period from 1 November 2023 to 31 October 2024. Although the overall number of new Complaints coming before the Tribunal this year has reduced, the complexity of them remains. Alongside casework, the Tribunal has been working hard to manage significant change in personnel and practice.

Importantly, the new Procedural Rules for the Tribunal came into force for all new cases from 1 September 2024. This means that both the new rules and the former 2008 rules are running in tandem for cases before the Tribunal at present; that will continue until cases governed by the 2008 rules are concluded.

Now that the new rules are being used in practice, we are reflecting on their application. For example, there are new provisions allowing the Tribunal to make Case Management Directions and there are new style forms of Complaint which are to be submitted when a case is referred to the Tribunal in the first instance. In addition, there are new rules and accompanying guidance on Health and Economic Crime legislation. We are closely monitoring their effect and hope that they will assist the effective and efficient progress of proceedings.

The Tribunal also implemented its Judgement Publication Policy on 1 September 2024. The policy clearly sets out the way in which the Tribunal deals with publication of decisions online, always having careful regard to the principles of proportionality, accountability, consistency and transparency. A copy of the policy is available on our website, along with both the 2008 and 2024 Procedure Rules.

Meanwhile, the Regulation of Legal Services (Scotland) Bill moves apace, having now reached Stage 3 of the Parliamentary process. We continue to engage with the Scottish Government and other stakeholders during this process and are pleased to note that many of our comments and observations have been taken account of in amendments to the original Bill. I wrote to the Convenor of the Committee dealing with the Bill and was pleased to note that my comments were helpful to MSPs in debate.

It will be interesting to see how the Bill is further amended. In its current format, we note that significant changes are proposed, and this may result in additional matters coming before the Tribunal. We will continue to contribute to the Parliamentary process and are actively engaging with other stakeholders in doing so

Internally, there have been a number of changes to both staff and members. We were delighted to welcome new lay members Craig Cathcart, Patrick Wellington and Angela Brown in January 2024. Details of their diverse backgrounds are contained on our website.

In addition to this, Eric Baijal was appointed as a new Solicitor Member of the Tribunal in July 2024; he replaces Deborah Lovell. I would like to thank her for participation in the Tribunal and Review Group, and wish her well for the future.

All new members bring a wealth of knowledge and experience to the Tribunal and are performing well in their new roles. We are delighted to have them on board.

In September 2024 we said farewell to Nicola Ross, our Clerk since 2016. We thank Nicola for her loyal service to the Tribunal and wish her the very best for her future career.

Taking over as Clerk is Joyce Horsman and we welcome her warmly to the staff team. Joyce is an experienced solicitor, bringing enthusiasm and energy to her new role. Joyce joins us at at time of change and we look forward to working with her.

Finally, we held a consultation on the Standard of Proof which has now concluded. Responses have been collated and members are considering these in detail before making a decision on the way forward for Tribunal cases.

I take this opportunity to thank all Tribunal members for their dedication, support and hard work over the year. I am also grateful to staff in the Tribunal Office for all their invaluable assistance. I look forward to the challenges in the coming year with renewed vigour and confidence and am confident that the Tribunal will continue to fulfil its functions effectively and efficiently for the benefit of the profession and the public.