Exclusive: All complaints against Andrew Smith KC dismissed

Andrew Smith KC

The complaints were at the instance of Steven Elliott and concerned allegations that Mr Smith had acted whilst in a conflict of interest.

A complaints committee had previously held that the charges was made out, and a “severe written censure” was imposed. An appeal to a previous disciplinary tribunal was only partially successful, but Mr Smith proceeded with a judicial review.

Lord Colbeck agreed with the submissions made and granted the judicial review, quashing that disciplinary tribunal’s decision. However, the Complaints Committee decision, and the censure decision both remained and had to be reconsidered.

A hearing took place on 30 September to consider the entire complaint afresh. After consideration of all the evidence available, the panel chaired by Lord Drummond Young set aside the Complaints Committee decision, and their decision to censure Mr Smith. 

Accordingly, all of the complaints against Mr Smith have been dismissed.

Mr Smith told Scottish Legal News: “I am of course delighted that this is an end of the matter. It is extraordinary that it has taken almost a decade to resolve, and it is astonishing that the Complaints Committee which had two senior counsel on it made such an extraordinary mess of the process.

“Their decision has caused untold delay, distress and financial cost to put right. All that having been said, finally the complaints have been found to be entirely unjustified and my reputation is now restored.

“It is clear though that some of the media have seen fit to publish ill researched material related to the complaint, on account of a personal vendetta against me. I look forward to those media now preparing balanced reports on their websites to reflect this final decision.”