First Division, Inner House. The petitioner solicitors had been dsiciplined by the Law Society of Scotland. Their appeal had been successful, but the court indicated that since it appeared that not all allegations of dishonesty had been withdrawn, the matter should be remitted. The petitioners now pointed out that all such claims had in act been withdrawn and now requested that the opinion be withdrawn or corrected.
Held: History could not be rewritten: ‘None the less, as the petitioners point out, the opinion of the court has been published on the Internet and elsewhere. If the Law Society’s position is actually that the Fiscal at the original hearing withdrew the allegations of personal dishonesty and that the Society do not allege personal dishonesty, then it is proper that this state of affairs should be given equivalent publicity. In the course of the short hearing we accordingly asked Mr. Macdonald to clarify the position of the Law Society. He readily did so. Based on what he told us, for the avoidance of doubt, we record that the Law Society of Scotland agree that the findings of the Discipline Tribunal issued on 8 June 1995, so far as inferring personal dishonesty on the part of the petitioners, did not reflect the pleas tendered by the petitioners and accepted by the Fiscal and those findings should therefore not have been made by the Tribunal.’
Judges:
Lord President
Citations:
[1999] ScotCS 140
Links:
Jurisdiction:
Scotland
Citing:
Cited – Gordon Coutts Thomson and Another v Council of Law Society of Scotland SCS 12-Mar-1999
The petitioner solicitors appealed against a decision striking them off for dishonesty. They said that the allegations of dishonesty had been withdrawn.
Held: The appeals succeeded, but since not all the allegations had been withdrawn the case . .
Cited by:
See Also – Thomson and Another v Sheriff Ross and Others SCS 25-Oct-2000
The pursuers and reclaimers seek damages against the defenders on the ground that they have suffered loss, injury and damage by reason of the libellous and defamatory statements of the defenders and respondents. At the time that the statements were . .
Lists of cited by and citing cases may be incomplete.
Legal Professions
Updated: 04 June 2022; Ref: scu.163572