David Davies v David Greene

David Davies v David Greene

The SDT was not plainly wrong in finding that Mr Greene did not lie or act dishonestly or recklessly in his evidence to the County Court, as his inaccurate statements were inadvertent and based on his genuine belief without access to the relevant file. There was no procedural impropriety in refusing an oral closing speech, and the SDT's costs order was within its discretion.

Parties
Applicant: David Davies; Respondent: David Greene
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Appeal From Solicitors Disciplinary Tribunal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Solicitors Regulation, Dishonesty Allegations, Procedural Impropriety, Costs Orders
Professional Discipline Legal Ethics Solicitors Regulation Dishonesty Allegations Procedural Impropriety Costs Orders

Case Brief

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Parties

David Davies

Applicant

David Greene

Respondent

Procedural Posture

Appeal From Solicitors Disciplinary Tribunal / Judgment on Appeal

Legal Issues

  1. 1 Whether the SDT was plainly wrong in finding Mr Greene did not lie in his evidence to the County Court
  2. 2 Whether the SDT was guilty of procedural impropriety in refusing to allow Mr Davies an oral closing speech
  3. 3 Whether costs should have been awarded to Mr Davies for the earlier strike out application

Ratio Decidendi

The SDT was not plainly wrong in finding that Mr Greene did not lie or act dishonestly or recklessly in his evidence to the County Court, as his inaccurate statements were inadvertent and based on his genuine belief without access to the relevant file. There was no procedural impropriety in refusing an oral closing speech, and the SDT's costs order was within its discretion.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs
  • No finding of dishonesty or recklessness against Mr Greene