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 of determining ‘the limit beyond...
