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NEWS
16 Apr 2010

Breaking News: Report from reconvened SGM

The Justice for Scotland coalition have published an account of the SGM meeting that took place this morning at the Sheraton Hotel in Edinburgh. As previously reported, the timing of the meeting has been subject to some disagreement.

33 solicitors attended the meeting, which elected not to take a vote on the substantive issues that were subject to over 4000 proxy votes. The meeting appointed a chair and legal adviser, and then adjourned with the aim of "curing the unlawful notice issued at the behest of Ian Smart, and other representatives of the Council of LSS".

"Today's meeting had been formally called by the LSS, but representatives of the Council of the LSS had subsequently purported to postpone today's meeting to next week, notwithstanding this was clearly unconstitutional and contrary to established case law," the group said in a statement posted on the Justice for Scotland website.

"The danger was if today's meeting had not proceded the reconvened SGM would have been unlawful, and the Law Society of Scotland would have been open to challenge before the courts, and criticism for disrespecting the due process of Scots law.

The Firm were not in attendance at the meeting. The Justice for Scotland report can be read in full below.

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"The integrity and good reputation of the solicitor branch of Scotland's legal profession was safeguarded this morning when the reconvened Special General Meeting of the Law Society of Scotland (LSS) took place in Edinburgh.

"Today's meeting had been formally called by the LSS, but representatives of the Council of the LSS had subsequently purported to postpone today's meeting to next week, notwithstanding this was clearly unconstitutional and contrary to established case law. The danger was if today's meeting had not proceded the reconvened SGM would have been unlawful, and the Law Society of Scotland would have been open to challenge before the courts, and criticism for disrespecting the due process of Scots law.

"Thirty three solicitors from Aberdeen, Dundee, Dumfries, Glasgow and Edinburgh attended the reconvened SGM this morning at Edinburgh's Sheraton Hotel. The purpose in attending was to protect the integrity of the Society and profession they held dear, and to properly preserve the SGM motion, and respect the rule of the law in Scotland.

"The Registrar, staff and President of the LSS had been fully informed that the meeting was proceeding as called, but declined to attend. In their absence and in accordance with the LSS Constitution, the meeting agreed to appoint a member of the Council of the LSS to chair the reconvened SGM. Walter Semple took the chair, and the meeting agreed to appoint Ross Anderson, solicitor as legal advisor to the chairman.

"In the absence of LSS staff, the meeting agreed unanimouslly to suspend Standing Orders so that it could formally appoint a minute taker. Catriona Walker, solicitor, was so appointed. A discussion took place on why the the notice calling next week's 'SGM' was void and unlawful with reference to the case law. The meeting endorsed this legal opinion.

"The chairman, Walter Semple, and others who spoke, agreed that it would not have been appropriate to take a vote on the substantive motion today in the spirit of openess, transparency and fairness of debate, and that the honourable thing to do was to agree to adjourn today's SGM to the purported SGM meeting of next week, and in so doing curing the unlawful notice issued at the behest of Ian Smart, and other representatives of the Council of LSS.

"The meeting unanimously agreed to do so, and in so doing restored dignity, honour, and credibility to the SGM debate on Alternative Business Structures in Scotland."


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