Time barring hybrid complaints

Further to my article at Journal, August 2013, 21, I should draw to the attention of practitioners that the Scottish Legal Complaints Commission has an unpublished (but available if you know to ask) policy number CHO30, which at para 4.13 states that “if the complaint contains issues that could be categorised as being both conduct and service, the SLCC, applying the time bar to those issues, will take this from the date the services were last provided in respect of the transaction”.

This seems at odds with rule 4.6 in the 2013 Rules which, with exceptions, time bars misconduct after one year, and I have written to the chief executive of SLCC asking for clarification in relation to this matter. Meantime, practitioners should be aware if advising or representing professional colleagues.