Law Society-v-John Charles Nason Craxton

By Video Conference, 9 November 2020.  The Tribunal having considered the amended Complaint dated 6 October 2020 at the instance of the Council of the Law Society of Scotland against John Charles Nason Craxton, residing at 2A Ashton View, Dumbarton; Find the Respondent guilty of professional misconduct (1) singly in respect that he (a) acted in breach of his common law obligation not to facilitate fraud and in doing so acted in a dishonest manner and (b) in two transactions, acted in breach of his common law duty to act with the utmost propriety to his lender clients, withheld information about fraud, that he was acting for both the seller and purchaser, that he failed to carry out his obligations under the CML Handbook and in particular he had not informed them that funds were being returned to the control of the borrowers who were in fact a front for Edwin McLaren; and (2) in cumulo with each other that he acted in contravention of Rules 3 and 5 of the Solicitors (Scotland) Practice Rules 1986, Rules 2, 5(a) and 5(e) of the Code of Conduct 2002, Rules 1, 3, 4, 6 and 9 of the Solicitors (Scotland) (Standards of Conduct) Practice Rules 2008, Regulations 7, 8, 9, 11 and 14 of the Money Laundering Regulations 2007 and Section 330 of the Proceeds of Crime Act 2002; the Respondent’s name already having been removed from the Roll of Solicitors in Scotland at his request in terms of Section 9 of the Solicitors (Scotland) Act 1980, prohibit the restoration of the Respondent’s name to 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; 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.

Catherine Hart

  Acting Vice Chair