Appeal under Section 42ZA - Wesley Mitchell

Interlocutor of 1.9.2022:

By Video Conference, 1 September 2022. The Tribunal, having considered the parties’ written and oral submissions; Makes no award of compensation; Finds the First Respondents liable in the expenses of the Appellant to the extent of £1,000; and Directs that publicity will be given to the decisions of the Tribunal of 23 September 2021, 9 November 2021, 26 January 2022, 15 March 2022 and this decision of 1 September 2022, and that this publicity should include the names of the Appellant and Second Respondent but need not identify any other person.

 Ben Kemp

Vice Chair

Interlocutor of 17.6.2022:

By Video Conference 17 June 2022.  The Tribunal, in respect of the Appeal under Section 42ZA(10) of the Solicitors (Scotland) Act 1980 by Wesley Mitchell, Glenwarren, Shanmullagh, Ballinamallard (“the Appellant”) against the Determination made by the Council of the Law Society of Scotland, Atria One, 144 Morrison Street, Edinburgh (“the First Respondent”) dated 10 September 2020 and intimated to the Appellant on 5 October 2020 to take no action in respect of complaints made by the Appellant against Hugh Colin Somerville, 39 Bridge Street, Musselburgh (“the Second Respondent”); (a) in relation to Issue 3, Quashes the Determination to take no action and Upholds the complaint; and (b) in relation to Issue 5, Confirms the Determination to take no action; Invites parties to make written submissions on compensation, publicity and expenses by 22 July 2022; and continues the virtual hearing to 1 September 2022 at 12pm.

 Ben Kemp

 Vice Chair

Interlocutor of 15.3.2022:

By Video Conference, 15 March 2022.  The Tribunal, having considered the Appellant’s motion to adjourn the hearing which was opposed by the First Respondents; Directs the Respondent to produce by 12 April 2022 medical evidence to demonstrate why he was unable to attend and present his appeal on 15 March 2022; Continues the virtual hearing to 25 April 2022; and Reserves all questions of publicity and expenses meantime.

 Ben Kemp

Vice Chair

Interlocutor of 26.1.2022:

By Video Conference, 26 January 2022.  The Tribunal, Refuses the Appellant’s motion to call witnesses at the hearing fixed for 15 March 2022; Converts said hearing from a hearing in-person to a remote hearing; and Reserves all questions of publicity and expenses meantime.

 Beverley Atkinson

Vice Chair

Interlocutor of 9.11.2021:

By Video Conference, 9 November 2021.  The Tribunal, having considered parties’ submissions firstly on the Appellant’s motion to receive an amended Appeal, and secondly on the First Respondents’ motion to dismiss the Appeal in accordance with the preliminary plea regarding relevance and specification, and to order the Appellant to find caution or alternatively, sist a mandatary; Refuses the Appellant’s motion to receive an amended Appeal; Repels the First Respondents’ preliminary plea regarding issues 3 and 5 of the Appeal; Upholds the First Respondents’ preliminary plea regarding issues 6 and 9 of the Appeal; Refuses the First Respondents’ motion to order the Appellant to find caution or alternatively to sist a mandatary; Fixes a procedural hearing to take place remotely by video conference on 26 January 2022 and a hearing in-person to take place on a date to be afterwards fixed; and Reserves all questions of publicity and expenses meantime.  

Colin Bell

 Chair

Interlocutor of 23.9.2021:

By Video Conference, 23 September 2021.  The Tribunal, having considered parties’ submissions on the Appellant’s motion for (1) production of documents under Rule 28 of the Scottish Solicitors Discipline Tribunal Rules 2008 and (2) further time to adjust; Refuses said motion; Reserves all questions of publicity and expenses meantime; and Continues the case to the virtual preliminary hearing fixed for 29 September 2021.

 Kenneth Paterson

Vice Chair