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Derek Wood

JurisdictionScotland
BodyScottish Solicitors' Discipline Tribunal (SSDT)
Professionsolicitor
Date18th Dec 2017
AppealNo Appeal

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

SanctionOther
Dishonesty foundYes

Derek Wood, a former partner of Rafferty Wood & Co., was found guilty of professional misconduct for failing to progress a client's medical negligence claim (which became time-barred) and for repeatedly providing false, misleading and dishonest information about purported court proceedings over more than two years. The Tribunal expressly found dishonesty, which the Respondent admitted. As his name was already off the Roll, the Tribunal made an order under s.53(2)(aa) prohibiting restoration of his name to the Roll (equivalent to a strike-off), found him liable in expenses, and ordered publicity. At a later compensation hearing on 9 May 2018, the Tribunal awarded the Secondary Complainer the statutory maximum of £5,000 for loss, inconvenience and distress, with no expenses due to or by either party.

Duties found breached:

Aggravating factors:

  • Blatant, repeated and elaborate lies told on at least six occasions over a period exceeding two years
  • Client lost her claim entirely as it became time-barred/prescribed
  • Serious risk to the public if returned to practice
  • Conduct damaging to the reputation of the profession

Mitigating factors:

  • Early admission of guilt and cooperation from the outset
  • No previous disciplinary record over some 35 years in practice
  • Health background (anxiety/depression) presented as background, though given little weight
  • Had paid compensation through the SLCC and provided funds toward professional indemnity excess

Duties engaged

Documents

Source: https://www.ssdt.org.uk/findings/law-society-v-derek-wood/