Desmond William Donoghue (2)

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

At a compensation hearing on 5 May 2023, the Scottish Solicitors' Discipline Tribunal awarded Secondary Complainer Trevor Geraghty £1,988.40 in compensation (£788.40 financial loss plus £1,200 for inconvenience and distress) under s.53(2)(bb) of the Solicitors (Scotland) Act 1980, following the Respondent Desmond William Donoghue's earlier (2 December 2022) finding of professional misconduct. The misconduct related to failing to pay LBTT to Revenue Scotland despite holding funds, failing to register title, and failing to cooperate with the Council. The Respondent was also found liable in the expenses of the Tribunal (to be taxed). No express finding of dishonesty was made at this hearing.

Duties found breached:

• Competence
• Cooperate openly with regulators
• No improper communication with the court
• No improper use of client money
• Prompt accounting and return of money

Aggravating factors:

• Conduct had a significant effect on the Secondary Complainer over a period of time
• Caused significant inconvenience on several occasions
• Caused worry, concern, anxiety and upset
• Respondent failed to take reasonable steps to rectify matters until contacted by a third party