Law Society-v-Brian Travers

Edinburgh 7 November 2018.  The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Brian Travers, 2 Drumpellier Avenue, Coatbridge; Find the Respondent guilty of professional misconduct in respect of his (1) failing to lodge Defences by 16 September 2014 in time for the Hearing to be heard on a date unknown to the Secondary Complainer, despite telling the Secondary Complainer he had it in hand, (2) failing to lodge a Notice of Opposition to the Pursuer’s Motion for Summary Decree which he should have lodged by a date unknown to the Secondary Complainer, (3) failing to arrange for representation on the Secondary Complainer’s behalf at the Options Hearing held on 17 November 2014 which consequently led to Decree being granted against the Secondary Complainer and with the Secondary Complainer not discovering that a Decree had been granted against him until he had forced a meeting with the firm to find out what was happening, (4) failing to properly and fully advise the Secondary Complainer that Decree by Default had been granted against the Secondary Complainer, (5) failing to advise the Secondary Complainer that an Appeal to the Sheriff Principal had been refused on a date unknown to the Secondary Complainer, (6) failing to advise the Secondary Complainer of his right to appeal the Sheriff Principal’s Decision to the Inner House, and (7) Failing generally to properly communicate with the Secondary Complainer and failing to advise him of significant developments; Suspend the Respondent from practice for a period of nine years and Direct in terms of Section 53(6) of the Solicitors (Scotland) Act 1980 that the suspension shall take effect on the date on which these findings are intimated to 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; Direct that publicity will be given to this decision and that this publicity should include the name of the Respondent and his firm but need not include any other name; and Allow the Secondary Complainer 28 days from the date of intimation of these findings to lodge a written claim for compensation with the Tribunal Office.

 Colin Bell

Vice Chairman

Compensation Interlocutor: 

Thornhill,  6 March 2019.  The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Brian Travers, 2 Drumpellier Avenue, Coatbridge and determined on 7 November 2018 that he was guilty of professional misconduct and having been advised that the Respondent has agreed to pay compensation of £5,000 to the Secondary Complainer; Discharge the hearing fixed for 20 March 2019; Ordain the Respondent in terms of Section 53(2)(bb) of the Solicitors (Scotland) Act 1980 to make payment to the Secondary Complainer in the sum of £5,000 in respect of loss, inconvenience and distress directly arising from the misconduct and that within 28 days of the date on which this Interlocutor becomes final with interest thereon at the rate of 8% per annum from the due date until paid; and Finds no expenses due to or by either party.

Colin Bell

Vice Chairman