Cathcart v The Law Society of Scotland

Solicitors – Solicitors Discipline Tribunal. Court of Session: In a sentence appeal against a penalty of immediate suspension from practice for 3 years imposed by a second, validly constituted, Solicitors' Discipline Tribunal, it having emerged that the chairman of an earlier tribunal, which imposed a penalty of restriction of the petitioner's practising certificate for 5 years, was not valid member of the tribunal, the court was not persuaded that the second tribunal's disposal should have been the same as, or more similar to, that adopted by the first, and held that the second tribunal reached a conclusion in relation to penalty which could not be criticised.