placeholder-image coin

Solicitors’ Discipline Committee Scotland v B, 1941 SC 293

Solicitors’ Discipline Committee Scotland v B, 1941 SC 293


Citation: Solicitors’ Discipline Committee Scotland v B, 1941 SC 293

Link to case on WorldLII.

Rule of thumb: Do licensing bodies have the right to reprimand professionals for misconduct which is immoral but not illegal? Yes, licensing bodies can subject professionals to a gold standard of conduct which is higher than the standard of misconduct required for the law to be broken.

Judgment:

The Court in this case held that the licensing bodies to have the right to hold their licensees to a higher standard of ethics than just not breaking the law, ‘I can see no escape from the conclusion that any common law powers to deal with discreditable conduct, which may have existed in Scotland prior to 1933, cannot survive the Solicitors Scotland Act 1933’, Lord Cooper

centered image

Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.