Claimant v The Law Society of Scotland
Outcome
Individual claims
The tribunal found it was unreasonable to bring proceedings under section 41 of the Equality Act 2010 and the Protection from Harassment Act 1997 against either respondent, and the claims never had any reasonable prospect of success.
Facts
This is a costs judgment following claims brought by Mr McAuley against The Law Society of Scotland and Scottish Legal Complaints Commission. The claimant brought claims under section 41 of the Equality Act 2010 and the Protection from Harassment Act 1997. The claimant was unrepresented and appeared in person at the costs hearing held by video.
Decision
The tribunal found the threshold condition for expenses was met because it was unreasonable to bring proceedings under the statutory provisions relied upon and the claims had no reasonable prospect of success. The tribunal ordered the claimant to pay £4,800 to the first respondent and £6,000 to the second respondent (including VAT), summarily assessing these amounts as appropriate.
Practical note
Unrepresented claimants bringing claims with no reasonable prospect of success against regulatory bodies under inappropriate statutory provisions face significant costs exposure, even in Scotland where costs awards are less common than in England and Wales.
Legal authorities cited
Statutes
Case details
- Case number
- 8001535/2024
- Decision date
- 25 November 2025
- Hearing type
- costs
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- legal services
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No