Law Society-v-Benjamin Nephi Hann

By Video Conference, 2 December 2021.  The Tribunal having considered the Complaint dated 23 October 2020 at the instance of the Council of the Law Society of Scotland against Benjamin Nephi Hann, Hann & Co. Solicitors, 83 Princes Street, Edinburgh; Find the Respondent guilty of professional misconduct in respect of his conduct which led to conviction for a domestically aggravated contravention of Section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010; Censure the Respondent; Find the Respondent liable in the expenses of the Complainers and of the Tribunal including expenses of the Clerk, chargeable on a time and line basis as the same may be taxed by the Auditor of the Court of Session on an agent and client, client paying basis in terms of Chapter Three of the last published Law Society’s Table of Fees for general business with a unit rate of £14.00; and Direct that publicity will be given to this decision and that this publicity should include the name of the Respondent but need not identify any other person.

Catherine Hart

  Vice Chair

Interlocutor of 1 November 2021:

By Video Conference, 1 November 2021.  The Tribunal, having considered the Respondent’s motion to adjourn the hearing fixed for 1 and 2 December 2021, and the Respondent’s application for production of a document; Refuses the motion to adjourn the hearing; Directs the Complainers under Rule 40(2) of the Scottish Solicitors’ Discipline Tribunal Rules 2008 to disclose to the Respondent within seven days the report produced during its investigation into the Respondent’s conduct; Allows the Respondent seven days thereafter to lodge the report if so advised; Reserves all questions of expenses to the conclusion of the case; and Continues the case to the hearing fixed for 1 and 2 December 2021.

 Ben Kemp

 Vice Chair

Interlocutor of 25 May 2021:

By Video Conference, 25 May 2021.  The Tribunal having heard submissions in relation to the Complaint at the instance of the Council of the Law Society of Scotland against Benjamin Nephi Hann, Hann & Co. Solicitors, 83 Princes Street, Edinburgh; Repels the Complainers’ preliminary plea to the relevancy and specification of the Respondent’s Answers; Allows both parties a proof of their respective averments; Reserves all questions of expenses to the conclusion of the case; and Continues the case to a procedural hearing on a date to be fixed.

 Catherine Hart

 Acting Vice Chair