Law Society-v-Derek Wood

Edinburgh 18 December 2017.  The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Derek Wood, 14 McCallum Grove, East Kilbride, Glasgow; Find the Respondent guilty of professional misconduct in respect that he failed to act in the best interests of his client and he made false, misleading, inaccurate and dishonest statements to his client on a number of occasions; Order, in terms of Section 53(2)(aa) of the Solicitors (Scotland) Act 1980 that the restoration of the Respondent’s name to the Roll of Solicitors in Scotland be prohibited;  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 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:-

Edinburgh 9 May 2018.  The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Derek Wood, 14 McCallum Grove, East Kilbride, Glasgow and having previously determined that the Respondent was guilty of professional misconduct, Find that the Secondary Complainer, MS, has been directly affected by the Respondent's misconduct and considered that it is appropriate to award compensation to the Secondary Complainer: Ordain the Respondent in terms of Section 53(2)(bb) of the Solicitors (Scotland) Act 1980 to pay to MS the sum of £5,000 by way of compensation in respect of loss, inconvenience and distress resulting from the misconduct within 28 days of the date on which this Interlocutor becomes final with interest at the rate of 8% per annum from the due date until paid; Direct no expenses due to or by either party; 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.

Alan McDonald

Vice Chairman