Law Society-v-Ian Gordon Davidson

Edinburgh, 24 June 2022.  The Tribunal, having considered the Complaint at the instance of the Council of the Law Society of Scotland against Ian Gordon Davidson, 45 Clovis Duveau Drive, Dundee; Find the Respondent guilty of professional misconduct in respect that he (a) failed to inform The Royal Bank of Scotland of the death of the deceased, (b) failed to disclose to the Secondary Complainer the existence of the Standard Security, (c) failed to make the payments to the lender, (d) failed to disclose that the Aviva death benefit had been paid out, (e) failed to obtemper the agreement in relation to the Aviva policy and misappropriated the policy proceeds, (f) falsely stated that he was in correspondence with Aviva and the Financial Ombudsman Service, (g) encashed National Savings bonds contrary to the agreement with his co-executor, (h) failed to disclose to the Secondary Complainer the value of the National Savings bonds, (i) failed to ensure that appropriate Buildings Insurance cover was in place for the property at 21 Sherbrook Gardens, Dundee, (j) failed to settled gas and electricity bills in relation to said property, (k) failed to account for sums totalling £44,563.00 paid into accounts held in the joint names of his mother and the deceased over which he had control, (l) acted inappropriately and in breach of Rules B6.12.1 and B6.2.3 in relation to the Aviva policy proceeds, (m) failed to act appropriately and in breach of said rules in relation to the Tesco Bank transfer, (n) induced Tesco Bank by fraud to write off a debt of £6,663.32, (o) embezzled payments received from Tesco Bank, (p) failed to disclose to the Secondary Complainer the existence of a Tesco Bank credit card account, and (q) destroyed copies of correspondence and failed to maintain any file in order to conceal his own fraudulent actings, said findings of misconduct being found singly in respect of (a), (b), (c), (d), (e), (f), (i), (k), (l), (m), (n), (o) and (q) and in cumulo in respect of (g), (h), (j) and (p); Order that the name of the Respondent be Struck Off the Roll of Solicitors in Scotland; Direct in terms of Section 53(6) of the Solicitors (Scotland) Act 1980 that this order shall take effect on the date on which the written 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 but need not identify any other person; 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.

Catherine Hart

  Vice Chair

Compensation Interlocutor:

By Video Conference, 2 November 2022.  The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Ian Gordon Davidson, 45 Clovis Duveau Drive, Dundee (“the Respondent”) 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 the Secondary Complainer, Mr Alan Davidson, the sum of £5,000 by way of compensation in respect of loss, inconvenience and distress resulting from the professional 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; Find the Respondent liable in the expenses 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 Directs that publicity will be given to this decision and that this publicity should include the name of the Respondent and the Secondary Complainer but need not identify any other person.

Kenneth Paterson

Vice Chair