Andrew Smith KC vindicated in Court of Session challenge over dating app misconduct ruling

Andrew Smith KC, of Compass Chambers, had been found guilty of three counts of professional misconduct by the Faculty of Advocates’ Complaints Committee following a complaint by businessman Steven Elliott. The complaint stemmed from litigation over the Bender and Brenda dating apps, which Mr Elliott had planned to launch with Steven Worley and Kevin Farrell before the business relationship broke down.

Messrs Worley and Farrell, represented by Mr Smith, took legal action against Mr Elliott in 2013, leading to years of litigation over control of the business and its intellectual property.

Mr Elliott complained in 2018 that Mr Smith had become improperly involved in his clients’ business affairs, contrary to professional rules requiring advocates to maintain independence.

The Faculty’s Complaints Committee upheld the complaint in 2024 and Mr Smith’s subsequent appeal to the Faculty’s Disciplinary Tribunal was largely unsuccessful.

However, Lord Colbeck has now quashed the tribunal’s decision. In a written judgment, he said: “I will sustain the third plea-in-law for the petitioner and reduce the decision of the disciplinary tribunal of 18 July 2025.”

The court found that disciplinary bodies had failed to give adequate reasons for rejecting an earlier finding that Mr Smith had acted as counsel rather than becoming personally involved in his clients’ business affairs.

As a result, the findings of professional misconduct and a severe written censure have been set aside.

Speaking to Scottish Legal News, Mr Smith said: “I am of course pleased with the outcome. However, I remain mystified as to how a panel which includes two KCs can make such a catastrophic and basic error on such a matter of importance.

“I have always been mystified as to what I was alleged to have done that was wrong. It turns out that Lord Colbeck was equally mystified and for that reason overturned the decision of the Disciplinary Committee.

“I am also grateful to SLN for the responsible way that they reported the matter. The same cannot be said for other media, who preferred to sensationalise the decision against me without attempting to understand what the allegations actually were.”