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(unnamed respondent)

JurisdictionScotland
BodyScottish Solicitors' Discipline Tribunal (SSDT)
Professionsolicitor
Date1st Sept 2022
AppealNo Appeal

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

SanctionNo Order
CostsGBP 1,000
Dishonesty foundNo

Wesley Mitchell, a friend and beneficiary of two elderly sisters (Ms A and Ms B), made a third-party complaint against solicitor Hugh Colin Somerville and appealed the Law Society PCSC's decision not to uphold it. After numerous procedural and preliminary hearings (including refused motions to amend the appeal, recover an unredacted report on privilege grounds, call witnesses, and to order caution/sist a mandatary), the Tribunal applying the Hood test found the PCSC's decision on Issue 3 was contradictory of the evidence and took account of manifestly irrelevant considerations. It quashed that determination and upheld, in part, a finding of unsatisfactory professional conduct: the solicitor acted inappropriately by notarially executing a new will for a distraught, recently bereaved, physically stricken 93-year-old client without considering capacity or seeking a medical opinion. The appeal on Issue 5 was refused. No dishonesty was found. No compensation was awarded (no direct financial loss or recompensable distress to the Appellant), and the Law Society was found liable for £1,000 of the Appellant's expenses on a party litigant basis.

Duties found breached:

Duties engaged

Documents

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