Law Society-v-Simon Kennedy Duncan

Edinburgh, 2 June 2023, The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Simon Kennedy Duncan, Solicitor, Flat G/L, 603 Clarkston Road, Glasgow; Find the Respondent guilty of professional misconduct in respect that he: Failed to communicate with the Complainers, the Scottish Legal Complaints Commission, his own clients and other solicitors; Breached Rules B1.2 and B1.9.1 of the Law Society of Scotland Practice Rules 2011; Breached Rules B6, B6.3.1, B6.4.1, B6.6.1, B6.7.1, B6.7.3, B6.11.1, B6.13.1, B6.13.2, B6.13.3 and B6.18.7 all of the Law Society of Scotland Practice Rules 2011; Failed to respond to and implement mandates; Unduly delayed in progressing, or making substantial progress in, claims; Failed to obtain a Medical Report, failed to provide documentation and raised a Court Action without instructions; Failed to act in a client’s best interests in respect of advice on and instruction of an expert Report, and inappropriately withdrew from acting; Censure the Respondent; Direct in terms of Section 53(5) of the Solicitors (Scotland) Act 1980 that for an aggregate period of ten years, any practising certificate held or issued to the Respondent shall be subject to such restriction as will limit him to acting as a qualified assistant to such employer or successive employers as may be approved by the Council of the Law Society of Scotland or the Practising Certificate Sub Committee of the Council of the Law Society of 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 the Secondary Complainers but need not identify any other person; and Allow the Secondary Complainers 28 days from the date of intimation of these findings to lodge a claim for compensation if so advised.

North Berwick,  24 November 2023. The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Simon Duncan, Flat G/L, 603 Clarkston Road, Glasgow; Allows the Secondary Complainer, Debra Currie, 51 Blair Road, Calderwood, to withdraw her Claim for Compensation; and Finds no expenses due to or by any party in relation to the Claim for Compensation.

North Berwick, 27 November 2023. The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Simon Kennedy Duncan, Flat G/L, 603 Clarkston Road, Glasgow; Allows the Secondary Complainer Caroleanne Dunn, 19 Broadleys Avenue, Bishopbriggs, Glasgow to withdraw her claim for compensation; and Finds no expenses due to or by any party in relation to the claim for compensation.

Ben Kemp

Vice Chair

North Berwick, 14 December 2023.  The Tribunal, having considered the Complaint at the instance of the Council of the Law Society of Scotland against Simon Kennedy Duncan, Solicitor, Flat G/L, 603 Clarkston Road, Glasgow and having previously determined that the Respondent was guilty of professional misconduct, and having been advised by parties that the Respondent had agreed to pay, and the Secondary Complainer had agreed to accept, compensation of £2,000 in respect of this Complaint: Ordains the Respondent in terms of Section 53(2)(bb) of the Solicitors (Scotland) Act 1980 to pay to the Secondary Complainer, Shona Green, c/o Neil Stewart, Stewart Legal, Hudson House, 8 Albany Street, Edinburgh, the sum of £2,000 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; Finds no expenses due to or by either party in relation to the claim for compensation; and Directs that publicity will be given to this Interlocutor.

North Berwick,      8 December 2023. The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Simon Kennedy Duncan, Flat G/L, 603 Clarkston Road, Glasgow; Allows the Secondary Complainer Sandra Taylor, 59 Kearn Avenue, Glasgow to withdraw her claim for compensation; and Finds no expenses due to or by any party in relation to the claim for compensation.

Ben Kemp

Vice Chair

By Video Conference, 15 November 2023.  The Tribunal, having considered the Complaint at the instance of the Council of the Law Society of Scotland against Simon Kennedy Duncan, Solicitor, Flat G/L, 603 Clarkston Road, Glasgow 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, Larry Thomas Maguire, 2 Southview, Lammerlaws, Burntisland, the sum of £2,000 by way of compensation in respect of 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; Make no finding of 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 and the Secondary Complainer but need not identify any other person.

By Video Conference, 15 November 2023.  The Tribunal, having considered the Complaint at the instance of the Council of the Law Society of Scotland against Simon Kennedy Duncan, Solicitor, Flat G/L, 603 Clarkston Road, Glasgow and having previously determined that the Respondent was guilty of professional misconduct; Dismiss the Secondary Complainer’s claim for compensation; Make no finding of 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 and the Secondary Complainer but need not identify any other person.

Ben Kemp

 Vice Chair

North Berwick,   7  January 2024. The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Simon Kennedy Duncan, Flat G/L, 603 Clarkston Road, Glasgow; Allows the Secondary Complainer Alistair Reid, c/o Road Traffic Accident Law (Scotland) LLP, 5 Cherry Court, Cavalry Park, Peebles to withdraw his claim for compensation; and Finds no expenses due to or by any party in relation to the claim for compensation.

Ben Kemp

Vice Chair

North Berwick,    7  January 2024. The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Simon Kennedy Duncan, Flat G/L, 603 Clarkston Road, Glasgow, and having previously determined that the Respondent was guilty of professional misconduct, and having been advised by parties that the Respondent had agreed to pay, and the Secondary Complainer had agreed to accept, compensation of £250 in respect of this Complaint; Ordain the Respondent in terms of Section 53(2)(bb) of the Solicitors (Scotland) Act 1980 to make payment to the Secondary Complainer, Sarah Webb, 42 Westwood Crescent, Hamilton in the sum of £250 in respect of loss, inconvenience and distress directly arising from the misconduct and that 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; and Finds no expenses due to or by either party in relation to the claim for compensation.

Ben Kemp

Vice Chair

North Berwick,     7  January 2024. The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Simon Kennedy Duncan, Flat G/L, 603 Clarkston Road, Glasgow, and having previously determined that the Respondent was guilty of professional misconduct, and having been advised by parties that the Respondent had agreed to pay, and the Secondary Complainer had agreed to accept, compensation of £400 in respect of this Complaint; Ordain the Respondent in terms of Section 53(2)(bb) of the Solicitors (Scotland) Act 1980 to make payment to the Secondary Complainer, Jeanette Marjory McAllister, 12 Temple View, Banff, in the sum of £400 in respect of loss, inconvenience and distress directly arising from the misconduct and that 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; and Finds no expenses due to or by either party in relation to the claim for compensation.

Ben Kemp

Vice Chair

By Video Conference, 8 December 2023.  The Tribunal, having considered the Complaint at the instance of the Council of the Law Society of Scotland against Simon Kennedy Duncan, Solicitor, Flat G/L, 603 Clarkston Road, Glasgow and having previously determined that the Respondent was guilty of professional misconduct; Having considered whether it was appropriate to award compensation to the Secondary Complainer, Wilma Keddie, 2 Overton Mains, Kirkcaldy; Make no award of compensation; Make no finding of 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 and the Secondary Complainer but need not identify any other person.

By Video Conference, 8 December 2023.  The Tribunal, having considered the Complaint at the instance of the Council of the Law Society of Scotland against Simon Kennedy Duncan, Solicitor, Flat G/L, 603 Clarkston Road, Glasgow 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, Mandy McCallum, 4 Corthan Crescent, Aberdeen, the sum of £400 by way of compensation in respect of 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; Make no finding of 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 and the Secondary Complainer but need not identify any other person.

By Video Conference, 27 October 2023.  The Tribunal, having considered the Complaint at the instance of the Council of the Law Society of Scotland against Simon Kennedy Duncan, Solicitor, Flat G/L, 603 Clarkston Road, Glasgow and having previously determined that the Respondent was guilty of professional misconduct; Having considered whether it was appropriate to award compensation to the Secondary Complainer; Make no award of compensation; Make no finding of 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 and the Secondary Complainer but need not identify any other person.