SLCC and Law Society welcome Court of Session complaints ruling

The SLCC said it was pleased that all three judges recognised the “key issue”, that cases could not have legally continued with a “hybrid classification” along both the conduct and service route - the position argued by the Law Society of Scotland.

The majority decision supported how the SLCC had decided to manage cases that were in the system to achieve that requirement.

A spokesperson for the SLCC said: “We issued a detailed statement in December setting out our views on this litigation, and the cost and delay it would cause. Our budget consultation in the spring of this year highlighted clearly the immediate impact on the profession and public respectively in terms of our levy and the delays and backlog caused by this case. This, along with further legal fees, will continue to impact on our 2018/19 budget and on delays stemming from the backlog of complaints which has built up.

“We now look forward to starting to progress those cases which have had to be on hold for almost a year, and getting back to the effective working relationships required to make the current system work. On that we are pleased to note the willingness the Law Society has already shown in working with us to ensure our original plan is finally delivered. This is more important than ever in the context of a strong upward trend of incoming complaints to the SLCC.”

Law Society of Scotland president, Graham Matthews, said: “Our decision to take this matter to the Court of Session was a difficult one. There were clear public interest issues at stake following last year’s court decision and the uncertainty which was created around the handling of complaints with hybrid issues.

“The judges admitted it was a highly complex case. The divergent views within the final judgment underline that complexity and show how difficult it was to identify the correct way forward. However, we now have the legal clarity we need, especially around cases where a decision had already been taken. That helps prevent any attempt to unpick historic cases.”

He added: “We will continue to work closely with the SLCC to deal with all complaints that have been paused pending the court decision. We have a shared interest to always ensure standards for solicitors are maintained and that the public are protected on the few occasions when things go seriously wrong.

“These issues have again underlined how the legislative framework around legal complaints needs urgent reform. Improving the complaints system, to make it more efficient and effective will form a key part of our evidence to the Scottish government’s independent review of legal services regulation.”