Decision record
Kenneth Whitton Gray
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The Council of the Law Society of Scotland complained that solicitor Kenneth Whitton Gray failed to register a disposition after settlement of a land purchase for the Secondary Complainers, leaving them without a real right to the land, and failed to notice a £30 client credit balance representing the registration dues for years. The Respondent admitted the facts, explaining the failure was human error/oversight and that he believed the disposition had been sent for registration; the registration form had been completed but was mistakenly punched and filed among correspondence. The Fiscal relied only on Rule B1.4.1 and the common law duty to act in the client's best interests. Applying the Sharp test, and distinguishing the Baxter case, the Tribunal found the degree of culpability insufficient and found the Respondent not guilty of professional misconduct, and further concluded the conduct did not amount to unsatisfactory professional conduct. Expenses were awarded to the Respondent and publicity directed.
Documents
Source: https://www.ssdt.org.uk/findings/law-society-v-kenneth-whitton-gray/