(unnamed respondent)

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

Robert Kidd appealed the Law Society Council's refusal to uphold a conduct complaint against solicitor Scott Allan. The complaint concerned Allan's failure to inform Kidd that a partner in his firm (Kenneth Gordon), who had long acted for the purchaser/investor LRP, remained improperly involved in a share sale transaction in which Allan's firm acted for Kidd and his company (the seller). After a preliminary hearing (24 June 2020), the Tribunal ruled out 'constructive knowledge' and confined the appeal to Allan's actual knowledge. On 8 February 2021, applying the Hood principles, the Tribunal found the Sub Committee's decision was contrary to the evidence: contemporaneous emails (Inventory Z) and Gordon's affidavit showed Allan was aware, at least to some extent, that Gordon was acting for/advising LRP beyond any legitimate handover or vendor due diligence, giving rise to a conflict of interest which Allan failed to address or disclose. The Tribunal upheld the appeal, quashed the determination and made a determination of unsatisfactory professional conduct. It made no express finding of dishonesty. On 11 June 2021, it made no award of compensation (none sought), directed publicity naming the parties, and found no expenses due up to and including the preliminary hearing, but thereafter found each Respondent liable for one-half of the Appellant's and the Tribunal's expenses on an agent and client, client-paying basis (to be taxed; unit rate £14.00), certifying the cause as appropriate for Senior Counsel.

Duties found breached:

• Uphold public trust in the profession
• Act in the client's best interests
• No conflict between current clients