Greene v Davies [2022] EWCA Civ 414 (29 March 2022)

Greene v Davies [2022] EWCA Civ 414 (29 March 2022)

The Court held that disciplinary proceedings against a solicitor based on alleged false evidence in prior civil litigation are not necessarily an abuse of process, even where the same factual issues have been determined in civil proceedings. The regulatory function of the SDT is distinct from the civil court's function, and the SDT is not bound by the findings of the civil court. The complaint was not unfairly vexatious or an affront to the administration of justice, and the SDT must consider whether there is a case to answer on the merits, including breaches of professional principles, regardless of whether dishonesty or actual misleading of the court is established.

Citation
[2022] EWCA Civ 414
Parties
Appellant: David Greene; Respondent: David Davies
Jurisdiction
England and Wales
Judgment Date
29 March 2022
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From Divisional Court
Outcome
Appeal dismissed
Legal Topics
Abuse of Process, Collateral Attack, Solicitors Regulation, Issue Estoppel, Disciplinary Proceedings
Professional Discipline Civil Procedure Abuse of Process Collateral Attack Solicitors Regulation Issue Estoppel Disciplinary Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 15 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

David Greene

Appellant

David Davies

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From Divisional Court

Legal Issues

  1. 1 Whether disciplinary proceedings against a solicitor based on alleged false evidence in prior civil litigation constitute an abuse of process or lack merit
  2. 2 Whether the disciplinary complaint is a collateral attack on a prior civil judgment
  3. 3 Whether the SDT is bound by findings of fact in prior civil proceedings

Ratio Decidendi

The Court held that disciplinary proceedings against a solicitor based on alleged false evidence in prior civil litigation are not necessarily an abuse of process, even where the same factual issues have been determined in civil proceedings. The regulatory function of the SDT is distinct from the civil court's function, and the SDT is not bound by the findings of the civil court. The complaint was not unfairly vexatious or an affront to the administration of justice, and the SDT must consider whether there is a case to answer on the merits, including breaches of professional principles, regardless of whether dishonesty or actual misleading of the court is established.

Court Disposition

Appeal dismissed

Orders

  • The appeal by Mr Greene is dismissed; the disciplinary proceedings may proceed before the SDT.