Law Society-v-Charlotte Joy Platt

By Video Conference, 6 September 2023.  The Tribunal having considered the amended Complaint dated 20 January 2023 at the instance of the Council of the Law Society of Scotland, Atria One, 144 Morrison Street, Edinburgh against Charlotte Joy Platt, c/o Inksters Solicitors, 10 Sinclair Street, Thurso; Find the Respondent guilty of professional misconduct singly in respect that she signed as witness to the signature on a Standard Security and Declaration under the Matrimonial Homes (Family Protection)(Scotland) Act 1981 (as amended) when she knew that she had not witnessed the Secondary Complainer signing these documents in non-compliance with the terms of Section 7 of the Requirements of Writing (Scotland) Act 1995 and in cumulo that she failed to (i) act in the Secondary Complainer’s best interests by failing to ensure that the Disposition was submitted to the Registers of Scotland to allow title to the property to be registered in the Secondary Complainer’s name, (ii) ensure that the Secondary Complainer was advised that there had been a delay with registration of important documents with the Registers of Scotland, namely the Disposition, Standard Security and Declaration under the Matrimonial Homes (Family Protection)(Scotland) Act 1981 (as amended), (iii) ensure that the Secondary Complainer was advised of the true basis for requesting her National Insurance number on 28 April 2016, namely that it was required so that the documents could be registered late, (iv) act in the best interests of the heritable creditor by permitting the Standard Security and Declaration under the Matrimonial Homes (Family Protection)(Scotland) Act 1981 (as amended) with the fraudulent signature of the Secondary Complainer to be sent to a colleague for submission to the Registers of Scotland and so allowed the documents to be submitted for registration; Censure the Respondent; Direct in terms of Section 53(5) of the Solicitors (Scotland) Act 1980 that for an aggregate period of two years, any practising certificate held or issued to the Respondent shall be subject to such restriction as will limit her to acting as a qualified assistant to such employer or successive employers as may be approved by the Council of the Law Society of Scotland or the Practising Certificate Sub Committee of the Council of the Law Society of Scotland; 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 and the partners of the firm but need not identify any other person.