Kenneth Whitton Gray

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

The Council of the Law Society of Scotland alleged professional misconduct against solicitor Kenneth Whitton Gray for failing to register a disposition in favour of clients (the Secondary Complainers) following settlement of a land purchase in April 2010, leaving them without a real right to the land. The Respondent assumed conduct of the slow-moving transaction in 2007; after settlement the signed disposition and registration form were mistakenly punched and filed with correspondence and never sent to the Registers. A £30 credit balance for registration dues sat on the client ledger; the Respondent flagged it on leaving Thorntons in 2015 but the matter only came to the clients' attention in 2018-2019. The Fiscal narrowed the case to a breach of Rule B1.4.1 and the common law duty to act in the client's best interests. The Tribunal found the Respondent a credible witness and accepted that the failure was a genuine human error/oversight (he believed the deed had been registered). Applying the Sharp test and distinguishing the Baxter case, the Tribunal held the conduct did not amount to serious and reprehensible conduct constituting professional misconduct, nor did it meet the test for unsatisfactory professional conduct. The Respondent was found not guilty, expenses were awarded in his favour against the Complainers, and publicity was directed.