About this case

Case name

Levy & McRae Solicitors LLP -v- SLCC

Case reference number

XA79/25

Date of hearing

Tuesday 17 June 2025

Time of hearing

10:30 to 13:00 then 14:00 until conclusion

Division

Second Division

Judges

• Lord Justice Clerk
• Lord Malcolm
• Lady Wise

Agents and Counsel

For the Appellants (Levy & McRae Solicitors LLP)

• Agents: Dean of Faculty
• Counsel: Livingston Brown LLP

For the Respondents (SLCC)

• Agents: Burness Paull LLP
• Counsel: Christine O'Neil KC

Case description

[1] This is an appeal by a firm of solicitors, a partner of whom is the subject of a third-party complaint to the Scottish Legal Complaints Commission. The third-party complainer, a publishing house, has complained to the Commission about the solicitor’s conduct in response to its reporting of high-profile allegations surrounding the appellant’s client Ms Mone. The appellant challenges the decision of the Commission to refer the complaint to the Law Society of Scotland for investigation.

[2] It has been long recognised that a solicitor’s file belongs to the client and not to the solicitor in possession of it. Ordinarily, for a file to be disclosed to the Commission, the client must waive their right to Legal Professional Privilege. Without such a waiver, the contents of the file may not be inspected.

[3] B has not waived Legal Professional Privilege. Accordingly, the file relevant to the complaint has not been disclosed to the Commission. Nevertheless, the Commission has decided to refer the complaint to the Law Society of Scotland on the basis of the material provided to it by the publishing house.

[4] The appellant contends that the Commission erred in law by making the referral. It argues that it would be manifestly unfair for the complaint to be considered appropriate for investigation since material relevant to the complaint will be unavailable for consideration.

[5] The Commission resists the appeal. They argue that their role is to perform a sifting function only. The complaint need only pass a low threshold for it to be considered suitable for investigation. The material available to the Commission was enough to pass that low threshold. Any question of fairness is for the Law Society of Scotland to determine.

[6] The appeal will be heard before the Second Division of the Inner House on Tuesday 17 June 2025.