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Baxendale-Walker v Middleton & Others

Solicitor promoting tax avoidance schemes

In Baxendale-Walker v Middleton & Others (QB – 18 April) a solicitor (B) had promoted various tax avoidance schemes utilising employee benefit trusts. He was subject to a criminal investigation instituted by the Serious Fraud Office.

The Law Society formed the opinion that B had been guilty of professional misconduct and in 2006 he was struck off the Roll of Solicitors. B took proceedings against the Law Society the Solicitors Disciplinary Tribunal and several individuals associated them alleging that he had been the victim of a conspiracy.

The QB struck out the proceedings. Supperstone J held that B’s claims had ‘no real prospect of success’ and that no claim could be brought against the Solicitors Disciplinary Tribunal.

Why it matters: The case is worth reading as an illustration of the difficulties...

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