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discipline 4 October 2026
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Decision record

(unnamed respondent)

JurisdictionScotland
BodyScottish Solicitors' Discipline Tribunal (SSDT)
Professionsolicitor
Date3rd Aug 2021
AppealNo Appeal

Appeals and appellate references

“Unverified” means the upstream page linked an appellate judgment but did not preserve enough context to prove that it was an appeal in this matter.

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

SanctionOther
Dishonesty foundNo

Laura Hudson, a prospective client, complained that solicitor Stephen Kennedy breached confidentiality by writing to her estranged brother (the executor of her late mother's estate) disclosing her enquiry, and that his correspondence misstated what had occurred. The Law Society's PCSC took no action. On appeal, the Tribunal found the PCSC had made an error of fact and law by failing to consider the duty of confidentiality owed to a prospective client. It held the breach amounted to unsatisfactory professional conduct, quashing the determination and upholding the first complaint, while confirming no action on the second. No dishonesty was found. The solicitor was directed to pay £500 compensation for inconvenience; no expenses were awarded to or by either party, and publicity naming the solicitor and Appellant was ordered.

Duties found breached:

Aggravating factors:

  • Appellant had specifically raised confidentiality concerns and noted she was estranged from the executor
  • Confidentiality is a fundamental, underpinning obligation with potential to damage the reputation of the profession

Mitigating factors:

  • No evidence of bad faith or recklessness; likely an error where the solicitor failed to consider in what capacity he was acting
  • Isolated/one-off error

Duties engaged

Documents

Source: https://www.ssdt.org.uk/findings/appeal-under-section-42za-laura-hudson/