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(unnamed respondent)

JurisdictionScotland
BodyScottish Solicitors' Discipline Tribunal (SSDT)
Professionsolicitor
Date9th Aug 2022
AppealNo Appeal

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

SanctionDismissed
Dishonesty foundNo

An identity fraudster posing as the property owner instructed solicitor Alan Conroy to sell a house. The owner (Second Respondent) complained that Conroy failed to carry out proper identity checks. The PCSC found unsatisfactory professional conduct (contrary to the Reporter's recommendation), censuring him and directing a fine of £1,200 and compensation of £5,000. Conroy appealed. The PCSC had wrongly identified the purchasing company as a building society (a finding with no evidence) and wrongly found the property was sold below market value. Applying Hood, Petitioner, the Tribunal found the PCSC made findings contradictory of the evidence and took account of manifestly irrelevant considerations. The Tribunal concluded the transaction appeared a normal conveyancing matter, the 'red flags' were not troubling, and the solicitor was simply deceived by a fraudster. It found he was not guilty of unsatisfactory professional conduct and quashed the determination, censure, fine and compensation. No dishonesty was alleged or found against the solicitor. No expenses were awarded to or against any party.

Documents

Source: https://www.ssdt.org.uk/findings/appeal-under-section-42za-9-alan-conroy/