Law Society-v-Hugh Scott Neilson

Edinburgh 21 November 2018.  The Tribunal having considered the Complaints dated 20 November 2018, 23 August 2016 and 28 September 2018 at the instance of the Council of the Law Society of Scotland against Hugh Scott Neilson, Glendevon, 13 Grahamshill Street, Airdrie, Lanarkshire; Find the Respondent guilty of professional misconduct in respect of his contravention of Rules B1.2, B1.4, B1.9, B1.14 of the Practice Rules 2011, his failure to act in accordance with the basic common principle of honesty and integrity and his failure to comply and act in accordance with his professional obligations and to reply to the enquiries made of him by the Complainers; Order that the name of the Respondent be Struck Off the Roll of Solicitors in 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; Direct that publicity will be given to this decision and that this publicity should include the name of the Respondent and any individual referred to in paragraph 14A of Schedule 4 to the Solicitors (Scotland) Act 1980 but need not identify any other person; Allow the Secondary Complainers 28 days from the date of intimation of these findings to lodge a written claim for compensation with the Tribunal Office; and Discharge the hearings set down for 24 January 2019.

 Eric Lumsden

  Vice Chairman

Compensation Interlocutor for Mr B:

Edinburgh 27 May 2019.  The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Hugh Scott Neilson, Glendevon, 13 Grahamshill Street, Airdrie and having previously determined that the Respondent was guilty of professional misconduct, Find that the Secondary Complainer has been directly affected by the Respondent's misconduct and considered that it is appropriate to award compensation to the Secondary Complainers: Ordain the Respondent in terms of Section 53(2)(bb) of the Solicitors (Scotland) Act 1980 to pay to Mr B the sum of £4,000 by way of compensation in respect of 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; Finds no expenses due to or by any party; and Directs 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.

Nicholas Whyte

 Chairman

Compensation Interlocutor for Mrs E:

Edinburgh,  4 June 2019. The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Hugh Scott Neilson, Glendevon, 13 Grahamshill Street, Airdrie; Allow the Secondary Complainer, to withdraw her Claim for Compensation and Finds no expenses due to or by any party in relation to the Claim for Compensation.

Nicholas Whyte

Chairman

Compensation Interlocutor for Mr A:

Edinburgh 9 September 2019.  The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Hugh Scott Neilson, Glendevon, 13 Grahamshill Street, Airdrie and having previously determined that the Respondent was guilty of professional misconduct, Find that the Secondary Complainer 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 Mr A the sum of £2,500 by way of compensation in respect of 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; Finds no expenses due to or by any party; and Directs 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 Chair