Law Society-v-Nigel Stephen Kenny
Interlocutor
Edinburgh 29 June 2006. The Tribunal having considered the Complaint dated 17 March 2006 at the instance of the Council of the Law Society of Scotland against Nigel Stephen Kenny of Kenny & Associates, Solicitors, 22 Castle Street, Dumfries; Find the Respondent guilty of Professional Misconduct in respect of his breach of Rules 8, 9, 10, 11 and 24 of the Solicitors (Scotland) Accounts etc Rules 2001, his repeatedly acting in breach of the Accounts Rules despite his shortcomings being brought to his attention and his unreasonable delay in recording and registering dispositions and standard securities and discharges; Censure the Respondent; Fine the Respondent £2000 to be forfeit to Her Majesty and Direct in terms of Section 53(5) of the Solicitors (Scotland) Act 1980 that any practising certificate held or to be issued to the Respondent shall be subject to such restriction as will limit him to acting as a qualified assistant to and to being supervised by such employer or successive employers as may be approved by the Council of the Law Society of Scotland or the Practising Certificate Committee of the Council of the Law Society of Scotland and that for an aggregate period of at least seven years; Find the Respondent liable in the expenses of the Complainers and in the expenses of the Tribunal as the same may be taxed by the auditor of the Court of Session on a solicitor and client indemnity basis in terms of Chapter Three of the last published Law Society’s Table of Fees for general business with a unit rate of £11.85; and Direct that publicity will be given to this decision and that this publicity should include the name of the Respondent.
David Coull
Chairman