Determination Examples

Determination

If either party does not agree to settle a complaint at the investigation stage, it is referred for determination. Members make a formal and binding decision about the complaint, which is enforceable and challengeable only through appeal to the Court of Session - we call this decision a determination. The parties are each sent the draft determination so have an opportunity to comment before a final determination is made.

Case examples:

Case 1 - Summary. Complaint reasons: Alleged failure to issue Terms of Business letter, failure to communicate effectively and failure to progress leave to Appeal as requested by the client. Outcome: The Determination Committee considered there was inadequate professional service from the solicitor and awarded compensation. Decision: The complaint was partly upheld. Read more.

Case 2 - Summary. Complaint reasons: Alleged failure of solicitor to have certain documents translated along with delay in progressing work. Outcome: The Determination Committee agreed with the Investigations Report and considered there was evidence of inadequate professional services and that compensation would be appropriate. Decision: The complaint was upheld, with £350 being awarded in compensation. Read more.

Case 3 - Summary. Complaint reasons: Alleged failure to keep client informed. Outcome: The Determination Committee agreed with the Investigations Report, that no inadequate professional service was evidenced. Decision: The complaint was not upheld. Read more.

Case 4 - Summary: Mr and Mrs C instructed Mrs P in the purchase of their property. They allege that they were provided with an inadequate professional service because Mrs P failed to examine the title deeds properly and so advise them whether they would be responsible for communal maintenance costs. Read more.

Case 5 - Summary: Mrs C was dismissed by her employers. She was of the view her dismissal was unfair and instructed Miss P to write to her ex-employer on her behalf to request the reasons for dissmissal. She paid Miss P £500. Mrs C complained to the SLCC that the letter was not sent. Read more.

Case 6 - Summary: Mr C complained about the service Mr P provided in relation to divorce matters, ailment and contact with his children. He alleged that Mr P failed to: represent and argue his case properly in court, act on his instructions and arrange acceptable alternative representation in his absence. Read more.